Coloradans who buy manufactured products can use them without fear of injury or illness. So if those products end up causing illness, injury, or death, Colorado residents also have a right to bring suit against that manufacturer in a court of law.
Kane Dulin McQuinn Young has been Denver’s top product liability lawyer for decades, helping people like you get the compensation you or your family deserve due to a product-related injury.
A free consultation with our legal team is all it takes to start pursuing your Denver product liability case. Request your no-obligation case review today. Our personal injury attorneys in Denver are ready to fight for justice and the maximum possible compensation in your case.
What Is Product Liability?
Product liability action is the ability for an injured party to bring suit against “any or all parties along the chain of manufacture of any product for damage caused by that product,” as defined by the Legal Information Institute at Cornell Law.
What Types Of Injuries Could I Experience After Using A Defective Product in Denver?
A defective product could cause any number of victim injuries. From burn injuries in utilizing a kitchen appliance, a Traumatic Brain Injury (TBI) from a malfunctioning helmet to even Spinal Cord Injury (SPI) from a poorly designed ladder, an injury stemming from using a malfunctioning product can happen to anyone.
The U.S. Consumer Product Safety Commission (CPSC), which governs consumer product recalls, reports incidents causing injuries like these daily.
Common Products That Injure Denver Consumers
Individuals expect safety after using a product in their homes or wherever they go. However, if a manufacturer was negligent in the design or manufacturing process, it’s sadly common for victims to become injured after interacting with these products.
Here are some of the most common consumer-grade products that can cause injury or wrongful death:
- Carpets, Rugs, and Other Flooring
- Bicycles, Tricycles, and Unicycles
- Chairs and Couches
- Playground Equipment
- Plastic Containers
- Pools and Hot Tubs
- Ladders and Step Stools
- Garden Tools
- All-Terrain Vehicles (ATVs)
- Kitchen Appliances
Even if the product that hurt you or a loved one is not on this list, reach out to our Denver injury lawyers.
It’s always best to contact a lawyer as soon as you think you may have cause for legal action instead of waiting until the statute of limitations times out your case.
How Do I Demonstrate A Product Caused My Injuries In Denver?
To bring a product liability case in Denver, you must prove the following three elements.
1. Demonstrate Loss: There must be a clear demonstration of loss or injury associated with using the product.
It is important to note that if these injuries or losses occurred due to off-label use of the product, then that may make a victim ineligible to bring a case. The usage of the product has to be what the manufacturer intended or what an average person would do.
2. Prove Defect: A victim can bring a product liability action based on manufacturing defects, design defects, and a failure to warn. These all can be grounds to prove a defective product.
3. Show Cause: a plaintiff must prove that this product directly or indirectly caused their injuries.
A product liability case review would allow you to know if you have the basis of a product liability case, offering you the benefit of not spending extensive money and time discovering the answer.
A good legal partner, such as our Denver product liability attorneys, would be able to walk through these elements of a product liability action with you in a free consultation.
Proving Negligence In Denver Product Liability Cases
In Colorado, product liability cases fall under the principle of strict liability. This concept means that when a victim proves a product is defective, the defendant (the manufacturer) is held liable regardless of the intent behind the product’s production.
If the plaintiff can navigate the burden of proof in a product liability case, then it doesn’t matter what the defendant intended with their product or if they had an extensive quality assurance testing protocol.
If the product was proven defective, causing the victim’s injuries, there is a good chance those harmed can bring legal action in a Colorado court of law.
What Entities Can I Sue Under Colorado’s Product Liability Statute?
While the statute’s wording says “manufacturer,” the definition of the manufacturer is much broader than just an entity that creates a product.
The potential organizations that can fall under the definition of manufacturer include:
- The group or groups responsible for assembling, creating, constructing, or preparing the product before the sale
- A seller of the product who is aware of the product’s defects
- A seller who requests a product be designed or produced in such a way to be defective
- A seller who alters the product or the manufacturing process to yield a defective product
- A seller who private labels a product without disclosing who the manufacturer is
Statute Of Limitations In Colorado Product Liability Cases
As noted in CO Rev Stat 13-80-106, the statute of limitations for victims to bring product liability cases is two years from the discovery of the injury or illness.
If those injuries cause a wrongful death, then the deceased’s immediate family has two years from the time of the victim’s passing in which to file a suit.
In Need of a Trustworthy Legal Team? Our Denver Product Liability Attorneys Are Here For You
Coloradans deserve to utilize safe products whenever they choose. Whenever this doesn’t occur, that may give them cause to bring legal action against the manufacturer. The Firm of Kane Dulin McQuinn Young is your ally in your fight for justice when bringing a Denver product liability case.
Our firm is here to help you seek justice and get the maximum possible compensation when a malfunctioning or defective consumer product injures you.
If you want to become one of our success stories in recovering maximum damages in your product liability case, drop us a note and schedule your free review with our Denver product liability lawyers.