As consumers, we all expect the products we buy to be safe and in working condition, and in most cases, this proves true. However, there are instances where the products purchased are defective and dangerous, causing harm to the user. When this occurs, there may be a case for product liability.

Product liability matters state that a product did not follow through on its promise to work as intended resulting in injury to the user. Product liability claims generally include matters pertaining to a defect in the product’s design, a manufacturing defect, or a failure to provide warnings or instructions.

When this occurs, the manufacturer can be held liable.

This post covers all you need to know about the process and your rights when filing a product liability claim in Colorado.

Terms Associated with Product Liability Matters

To best understand how product liability cases work, you should know a few terms and their meanings.

Tort law

A tort proceeding is a civil matter that causes the victim to suffer loss or harm due to another’s negligent actions. These matters often result in the committer of the act being held accountable or legally liable.

Statute of limitations

The statute of limitations refers to the amount of time you have to make a personal injury claim. In Colorado, the statute of limitations for product liability is generally two years from the date of injury, death, or property damage.

Burden of proof

Typically, proving the product was faulty and led to harm lies with the consumer (the person bringing the matter against the manufacturer). The consumer must show that the defendant had a duty of protection, breached that duty, and the result was harmful to them or another.

Duty of care

The duty of care is the legal obligation we all have to act with reasonable care, defined by what other reasonable people would do or not do in the same situation.

Types of Product Liability Claims

To prove your product liability case in court, your attorney must prove actions based on negligence, strict liability, or breach of warranty. In each claim, you need to show that the product was dangerous and caused injury, illness, property loss, or other forms of harm.

Claim for negligence

A negligent act is the failure of a person, organization, or business to behave responsibly or without reasonable care afforded to another. We all have a duty to prevent harm through action or inaction, and if we don’t perform that duty and someone is injured or harmed, there is a case for negligence.

This kind of claim requires the consumer to prove that the manufacturer failed to exercise reasonable care in the design, manufacture, or sale of the product. To prove negligence, the consumer must show that the manufacturer failed in its duty of care to the consumer, resulting in harm.

Claim for strict liability

In Colorado, the legal standard regarding an unsafe product is strict liability. This means that even if a manufacturer did not intend to cause harm or damage, it can still be held accountable, and the consumer does not have to prove fault or international negligence by the manufacturer.

If the product is defective and harm is the result, the manufacturer can be held liable, and the consumer can recover damages.

Claim for breach of warranty

When a product does not work as intended, the manufacturer can be held liable for breach of warranty. Each product comes with an unwritten, implied promise that it will function in a specific way. Safety, quality, and performance are assumed, and when a product fails to live up to those expectations, you may have a breach of warranty claim.

Making a Product Liability Claim in Denver

If you have been injured by a defective product, working with an experienced product liability lawyer will help ensure you understand your rights and get the damages you’re due.

Damages usually amount to financial compensation for the following:

1. Medical expenses, both current and ongoing
2. Lost wages
3. Property damage
4. Pain and suffering

In some cases, consumers may also be able to recover punitive damages, which are designed to punish the manufacturer for particularly egregious conduct. This can lead to widespread product recalls.

Product liability law in Colorado provides important protections for consumers and holds manufacturers responsible for the harm caused by their products.

Read more about product liability:

1. Dangerous Childcare Products & Toys
2. Defective Pharmaceutical Products
3. Defective Trailer Hitches

At Hull & Zimmerman, we fight for you, gathering the evidence necessary to prove your case, negotiating with the manufacturer or their insurance company, and representing you in court, if required.

Contact our Denver product liability attorneys, and let’s get you the justice you deserve.