Product Liability Claims
Nearly all consumer products are susceptible to defect. When these defects cause serious damages, then consumers may have a product liability claim.
Fortunately, product liability claims give injured consumers a means to secure financial compensation after an injury. In most cases, however, victims will need a product liability lawyer to navigate the complexities of Colorado’s product liability laws.
If you’ve been injured, the defective product lawyers at Norton Frickey P.C. want to hear about it.
What Should I Do If I Was Hurt by a Defective Product?
If you or a loved one is injured or becomes ill due to a dangerous or defective product, the following steps can help safeguard evidence, should you decide to pursue a product liability case:
- Seek medical help immediately
- Take photos of the injury, product, and where the injury occurred
- Write down what happened to cause the injury
- If possible, keep the product’s packaging, receipt, documents, and instructions
- Talk to an experienced product liability lawyer
Colorado follows strict product liability laws—rules that hold sellers, distributors, and manufactures liable for injuries caused by a defective product regardless of whether the defendant did everything possible to ensure the defect never happened.
Several elements of liability must be established to secure a verdict for the victim (plaintiff). For example:
- The defective product must have been defective at the time it was manufactured or sold by the defendant
- The plaintiff was a person who would reasonably be expected to use, consume, or be affected by the defective product
- The plaintiff suffered real injuries, damages, or losses
- The product’s defect caused the plaintiffs injuries, damages, or losses
The elements of product liability are complex and comprehensive. Victims should take steps to protect their claim by following the recommendations listed above.
The product liability attorney at Norton Frickey P.C. has extensive experience in product liability cases. We’ve helped countless injury victims secure financial compensation for things like medical bills, lost wages and pain and suffering.
What Makes a Product Liability Case?
Generally, there are three types of flaws addressed in defective products cases: manufacturing defects, design defects, and warning defects.
- A design defect involves a fundamental flaw inherent to the product’s design. For example, a consumer would not have to misuse the product to encounter the defect or danger.
- A manufacturing defect occurs during the making of the product, which results in a product that deviates from the original design.
- Failure to warn cases occur when companies fail to place adequate warnings on a product or product labels.
Product manufacturers and sellers can also be held responsible for negligent acts or omissions relating to a dangerous product. Like other negligence cases, reasonable care is owed by product manufacturers and sellers. When a consumer gets hurt, breach of duty is applied and damages may be recovered.
Colorado’s Statute of Limitations
To make a defective product claim in Colorado, claims must be filed within the appropriate time restraints.
Specifically, victims have two years from the date of the injury, damage, or death to file a claim in Colorado.
There are a few exceptions to this rule, but they’re extremely rare. In rare cases, for example, a victim may not realize the extent of his or her injury until adverse health conditions arise.
Talking with an experienced injury lawyer is the best way to protect yourself and your claim. In addition to seeking justice on the plaintiff’s behalf, product liability lawyers also function to correct nefarious business practices, often driving critical change within large commercial organizations and industries.
When lots of people are injured by the same product, claims are often rolled into a mass tort action or class action lawsuit.
If the thought of going head to head with a large product manufacturer seems impossible, Norton Frickey P.C. can help.
Even if you don’t think you can afford an attorney, give us a call. Our team works on a contingent-fee basis, which means you don’t pay anything unless we win your case.
Product Liability Damages
In Colorado, strict liability often applies, which means the product’s manufacturer or seller is liable for a plaintiff’s injuries, damage, or loss.
However, if the victim is partly at fault for the injury, damage, or loss, Colorado’s comparative fault rules may apply.
Comparative fault laws reduce compensation by an amount equal to the percentage of fault the plaintiff shared in causing the injury, damage, or loss. For example, if you were found 50 percent at fault, your damages would be reduced by half.
That being said, damages available to victims might include compensation for:
- Medical bills
- Lost wages
- Pain and suffering
Colorado Product Defect Lawyers
Product liability laws are complex and require the expertise of an experienced attorney. Find a lawyer you can trust, who will get to know you and your case, and help you through this difficult time.
If you have been physically or financially injured or lost a loved one due to someone else’s actions, please submit the online questionnaire or call Norton Frickey P.C. at (719) 634-6450. We will discuss your case with you initially free of charge, and if we agree to handle your case, we will do it without you having to pay our fees unless you recover money.