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Defective Product Liability in Colorado

Bachus & Schanker » Practice Areas » Defective Product Liability in Colorado

Defective Product Liability in Colorado

A victim who gets hurt because of a dangerous or defective product may have a claim for financial compensation. Defective product liability is the legal principle that entitles a victim to compensation because a faulty product resulted in an accident or injury. In pursuing their claim, victims have a right to representation from a defective product attorney.

Attorneys for Defective Product Accidents

Have you been hurt because of a defective product? The attorneys for defective product accidents at Bachus & Schanker, LLC have the experience and skill to handle your defective product case. Our team understands the laws and how to hold the responsible parties accountable for their actions. In order to receive payment, the victim has to take action. Our goal is to take action on your behalf and win you the compensation you deserve.

Defective product cases are complex, but our team is prepared to represent you and take all necessary actions to get you results. We have a successful history of helping accident victims, and we want to help you. Call us at (303) 222-2222 to speak with a member of our team. There is no cost to call, and your call is confidential.

What Are The Types of Defective Product Claims?

  1. Manufacturing defects – A manufacturing defect occurs when a product doesn’t conform to the manufacturer’s specifications for the item. Because of some mistake during the process of creating the product, there is a defect that causes an accident or makes an accident more severe.
  2. Design defects – Sometimes, the manufacturing process goes according to plan, but a product is still dangerous. A defective product can result from a poor design. With poor design, the manufacturer makes the product in a way that makes an accident likely to occur. The design causes an unreasonable risk of harm.
  3. Failure to warn – Inadequate instruction on how to use a product can result in a defective product claim. Consumers need to know how to use a product safely. When the manufacturer doesn’t warn about inherent dangers with the item or provide sufficient operating instructions, they may be legally at fault when an accident occurs.

What Are Some Examples of Defective Products Cases?

Recalled Pool Toy Products

  • A car has a soft roof. When a rollover crash occurs, the victim suffers fatal injuries. If the vehicle had more durable construction, the roof might have sustained the crash. 
  • A person drives a car with airbags that are prone to deploy even when there is no crash. An unexpected deployment results in significant injuries to a victim.
  • A family purchases an inflatable pool slide from a store. The pool slide doesn’t conform to the required safety standards. As a result, it’s too easy for someone to fall off the slide. When someone falls off the slide, they sustain a broken arm.
  • Rotten food makes several people very sick after eating at a buffet.
  • A specific kitchen pan is made with a dangerous chemical. The chemical flakes off from the pan and into food. It is a known carcinogen.
  • Although a ladder can be very helpful when used properly, a user needs to know how to set up the ladder so that it doesn’t tip or collapse. Without adequate instructions, a user slips from a shaky ladder and sustains injuries.
  • A tobacco product is known to cause cancer. The tobacco company doesn’t warn consumers that their product may cause cancer.
  • When a person takes a prescription drug, there’s an unreasonable risk of side effects. The pharmaceutical company knows about the dangers, but they fail to conduct adequate testing in a rush to get the drug to market.

With so many products on the market, there are unfortunately several defective products as a result. Whether a manufacturer is a worldwide company or a local producer, they have the same legal obligation to make products that are safe. Any time that you’re hurt by a product that you use, you can investigate to determine if you have a legal claim for compensation.

Colorado Laws for Defective Product Cases

Colorado laws for defective product cases are found in Colorado Revised Statutes 13-80-106. The law says that a person has two years to bring a claim under a theory of defective product. The legal standard is strict liability. That means that the intent of the product manufacturer doesn’t matter from a legal standpoint. 

As long as the product is defective, and the victim suffers harm, there is legal liability for the manufacturer. The victim doesn’t have to prove what went wrong in the chain of production. Because of the strict liability law, the consumer has to show only that the product is defective, that they are hurt as a result, and that they have damages. Colorado laws for defective product liability cases are favorable for victims claiming compensation.

What Can I Win for My Defective Products Case?

In a defective products case, you may win any of the following:

  • Payment for your medical bills
  • Reimbursement for out-of-pocket expenses for things like medication, mobility assistance devices and the cost of getting to medical appointments
  • Expenses for rehabilitation like physical therapy and mental health treatment
  • Compensation if you are unable to work or you need help at home
  • In-home nursing care, if necessary
  • Pain and suffering, mental anguish
  • Payment for the fact that your life will never be the same
  • Punitive damages (in some cases)
  • Any other kinds of compensation for financial and intangible losses

The damages that you have are unique to you. It’s our job as attorneys to thoroughly investigate and prove the full value of your case.

Defective Product Liability Attorneys Accepting New Cases

If you’re hurt because of a defective product, contact us for a comprehensive legal evaluation. Our team can help you determine if you have a case. We help you understand the value of your claim, what you can do to succeed and what to expect along the way. 

The Colorado personal injury attorneys at Bachus & Schanker, LLC are accomplished, dedicated legal professionals. We’re taking new cases, and your initial consultation is free. There’s no obligation, and we’re here to answer all your questions. Call us today at (303) 222-2222 to connect with our team right away.

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Super Lawyers - Kyle Bachus
Million Dollar Advocates Forum
Martindale-Hubbell Peer Rated for Highest Level of Professional Excellence
Super Lawyers - Darin Schanker
The National Trial Lawyers Top 100 Trial Lawyer
5280 Top Lawyers of Denver
Expertise logo: best car accident lawyers in Colorado Springs