Seeking Full Compensation for Injuries Caused by Defective Products in Denver
At Dan Caplis Law, our Denver product liability attorneys can provide assistance to victims of negligent or dishonest product manufacturers, designers, and distributors. We have the resources to conduct a thorough investigation and the advocacy skills to fight for your rights to full and fair compensation. Contact our Denver personal injury lawyers and call (303) 770-5551 for an initial consultation to learn more about how we can help you.
What is a Product Liability Claim?
Product liability provides protection for consumers who are injured by a defective product. When a product is responsible for causing an injury to an individual, a product liability lawsuit can establish who is at fault, including the person or company that designed the product, the manufacturer of the component parts of the product, the manufacturer responsible for the assembly of the product, the wholesaler, and the retailer.
The following are examples of defective products and types of liability that may be established in your claim:
Defective Product Design
With some products, the initial design itself can be flawed, causing the defect to subsequently be built into the production. Examples of defective product designs include toys manufactured for small children that contain parts that can cause choking and even death if swallowed, or automobile tires that fail under normal driving conditions. Often, these instances lead to the manufacturer’s recall of the product.
Manufacturing Defects
These particular defects occur during the production process and are often the result of poor quality control or the use of substandard materials. One example of a manufacturing defect might be a ladder that is improperly assembled and collapses when used.
Absence of Warning Labels
A product that is known to be potentially dangerous, but does not include warnings or instructions on how to safely use it can be considered defective. An example of a product deemed defective due to the absence of warning labels might be a medication that does not include a list of the potential side effects or does not warn about its possible interaction with other drugs.
What is “Product Liability”?
When you purchase a product, you have an expectation that it will perform as promised. You do not expect that product to cause you or someone else harm. When a defective product causes injury, you may have a product liability claim.
Product liability is the legal theory of liability of any or all parties in the chain of manufacture or selling of a product for damage caused by that product.
You have a protected right to expect a product to meet the ordinary expectations of consumers. If manufacturers or sellers of products put defective or dangerous products on the market, they are liable for damages caused by the normal use of that product.
Denver, Colorado Product Liability Laws
Colorado Revised Statute § 13-21-401 defines a product liability action as “any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from” the product’s manufacture, design, or marketing, including the failure to warn or protect against danger in the use of the product.
Colorado product liability claims are based on strict liability or negligence.
Product defects fall into one of three categories:
- Manufacturing defects – Failure to warn
- Marketing defects
- Design defects
Manufacturing defects can occur after a product has been designed and approved. When the product is being manufactured, quality checks should be done to ensure that the material is sufficient for its use and that the product was made and assembled properly.
Marketing teams have the responsibility of making sure customers receive the correct instructions on how to use the product and providing sufficient warnings of the product’s potential dangers. Marketing defects occur when the marketing team fails to do its job properly. Consumers may use the product in an unintended way or improperly and be injured as a result.
The design phase of a product comes first and precautions must be taken and tests conducted to ensure the product does not pose a threat to customers. Design defects occur when a bad design causes all products to be defective or have the potential to become defective. This type of defect often leads to class-action lawsuits.
Multiple parties may be held liable in product liability cases. It is essential that you file your claim against the proper parties before the statute of limitations runs. Some potentially liable parties may include:
- The person selling the product
- The parties that transported the product
- The production company
- The manufacturer
- The marketing team
- The design team
Determining liability and who to file suit against can be complicated. If you have been injured by a product and think you may have a claim, you should consult with a products liability attorney in Denver who has extensive experience in this area of law.
What Damages are Available in Denver for a Product Liability Claim?
If you bring a successful product liability suit, you can recover damages for your injuries, and in some cases, you could win punitive damages. Some types of damages available for a Denver product liability claim include:
- Payment for your current and future medical expenses
- Out-of-pocket expenses you incur as a result of your injury
- Lost income
- Expenses for rehabilitation services
- Expenses for mental health treatment
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Physical impairment and disfigurement
You could be entitled to recover additional compensation, depending on your specific circumstances. Punitive damages are reserved for cases of egregious conduct and are not frequently awarded. This type of compensation is designed to punish the wrongdoer and deter similar actions in the future.
If any of these damages have resulted in death of a loved one, reach out to our wrongful death attorneys in Denver today.
What Are The Most Common Defective Products in Denver?
All types of products may be defective and cause injury. Some of the most common defective products include:
- Automobiles
- Boats
- Cosmetics
- Medications
- Food
- Medical devices
- Children’s toys
- Household appliances
- Cleaning products
- Equipment and machinery
Of course, any product has the potential to be defective and cause injury to consumers. Fortunately, several federal agencies help protect the public against defective product injuries, including the Food and Drug Administration, the Environmental Protection Agency, the National Highway Traffic Safety Administration, and the Consumer Product Safety Commission.
When products are thought to be potentially dangerous, they are frequently recalled. You can check for recalls on products at Recalls.gov. If you or a loved one have sustained injuries in a car accident resulting from a defective manufactured automobile, speak to our Denver car accident attorneys.
How Dan Caplis Law Can Help
If you have been injured by a defective product, you need the counsel of an experienced, trustworthy Denver products liability attorney. At Dan Caplis Law, we have decades of experience successfully representing clients with product liability claims. We are the law firm of champions.
Choose a law firm you can be proud of. Contact us today to schedule a free consultation to discuss your case.