Denver, Colorado Products Liability
Each year, millions of consumers are injured by defective or unreasonably dangerous products. Located in Denver, the defective product attorneys at Bachus & Schanker, LLC help victims throughout Colorado. Handling all types of pharmaceutical litigation class action and individual products liability claims, our attorneys have the experience and knowledge to ensure that your legal rights are protected.
Definition of Defective Product
A defective product is one that can cause injury or damage to a person due to some fault or flaw in the product, the way the product was intended for use, or the way the product was labeled. When a defect is discovered, the manufacturer may initiate a recall voluntarily or at the request of the government agency that regulates the product type. Under Colorado and most state law, the manufacturer and anyone who sells the defective product may be liable for injuries caused by the product. The attorneys at Bachus & Schanker, LLC can help injury victims file a claim against the parties responsible for their injuries.
Manufacturing and Design Defects
A manufacturing defect happens when a product is put together the wrong way. For example, if a ladder was put together but was missing a bolt that held one of the rungs in place, and that caused the rung to break when it was used, the ladder would have a manufacturing defect. A manufacturing defect typically only affects a small number of otherwise safe products. A design defect occurs when the product works the way it is supposed to work, but the design does not take into account the potential for causing injury. An example of this kind of a defective product is a saw that was designed without a safety mechanism device and, as a result, the consumer is injured while using the saw. A design defect affects an entire line of products. If a design defect is responsible for multiple injuries, a class action suit may be filed on behalf of consumers.
A product has an inadequate warning if the product is known to be potentially dangerous but does not include a proper warning to consumers about how they are supposed to use the product and what safety protections they are supposed to take. For example, an over-the-counter drug that does not provide a list of possible side effects or warnings about possible interactions with other drugs would have an inadequate warning.
There are a number of industry standards that regulate the use of warning labels, including specifics like how big a warning label must be, what the warning label must say, what color the warning label should be, or where the warning label should be placed. If a product does not follow these specific industry guidelines, then a manufacturer or seller of the product could be held responsible for injuries caused by the use of the defective product.
Even if a recall has not been conducted, consumers can still file a lawsuit if they are injured by an unreasonably dangerous product. In Colorado and across the country, individual and class action claims involving pharmaceutical litigation and defective product litigation are filed by attorneys to help protect consumers from unsafe drugs, medical devices, household appliances, automobiles, and other products.