Has a product hurt you while you were using it? Injuries from defective products can range from mild to horrific. Severe injuries can significantly impact your life. The resulting medical expenses and potential time off work will affect your finances.
Discuss your case with a Fort Collins product liability lawyer from The Wilhite Law Firm. You may be entitled to compensation if a dangerous or defective product has harmed you when you used the product for its intended purpose. Contact us today to learn more about how a personal injury attorney can help you pursue the money you deserve.
What Is the Product Liability Law in Colorado?
Colorado’s product liability law is multi-faceted. The jury instructions provided by the Colorado Judicial Branch in these cases summarize the main points. They are:
In some instances, a victim may file a product liability claim under the theory of strict liability. This means the product’s designers, manufacturers, marketers, or distributors are automatically liable for a victim’s injuries, regardless of whether they resulted from anyone’s actions or carelessness.
In other cases, victims may have to prove their injuries resulted from unreasonable carelessness or “negligence” to show they deserve compensation. Negligence may occur if a product’s design is safe, but defective parts or other such defects cause harm because a manufacturer overlooked them.
Along with strict liability and negligence, other reasons to file a product liability claim in Colorado include:
Breach of warranty, where the qualities the seller or manufacturer promised in the warranty didn’t exist
Misrepresentation, where the product did not perform as promised
Our Fort Collins products liability attorneys can review your case and explain your legal options.
What Types of Defects Fall Under Strict Liability?
Defects that are inherent to a product fall under strict liability. For strict liability to apply in a product liability case, the following statements must be true:
The defendant manufactured, designed, distributed, or sold the product in question.
The defendant sold the product even though a defect rendered it unreasonably dangerous to a user likely to use it as intended. The defect must have been a condition of the product when the defendant sold it or the product otherwise left their control. Additionally, the product’s sellers should have expected it would not have undergone substantial changes by the time it reached the consumer.
The product had not changed substantially when it reached the consumer.
An individual product defect or multiple product defects harmed the consumer in ways that resulted in material losses.
You may still be entitled to compensation even if these statements don’t apply in your case. However, you will have to prove other legal theories to seek compensation for your injuries, such as negligence, breach of warranty, or misrepresentation. Our Fort Collins product liability attorney can help.
What Are the Different Types of Defective Product Claims?
Defective product cases typically fall into one of the following categories:
Manufacturing defects – A manufacturing defect occurs when there is a problem during the manufacturing process that renders the product unsafe. The defective products do not adhere to their design.
Design defects – A design defect occurs when the product is made according to its specifications, but the product is inherently unsafe to use as intended.
Warning defects – Sometimes, a product is made correctly and errors do not occur during the manufacturing process. Still, it can be defective because the box, instruction manual, or marketing materials do not adequately warn consumers of the risks of using the product.
Product liability cases can be complex. The Wilhite Law Firm has a proven track record of success in these cases and has represented clients who have suffered injuries because of defective consumer products. Contact our product liability lawyer in Fort Collins today for a free initial consultation to find out if you have a viable claim for compensation.
What Are Some Examples of Defective Products in Fort Collins?
Dangerous and defective products come in many forms. Common examples include:
Motor vehicles and car parts
Recreational vehicles (like bicycles) and their parts
Food and prescription drug products
Appliances
Household chemicals, such as cleaning and yard products
Toys
Medical devices
Tools, particularly those with multiple moving parts
Children’s furniture
Don’t worry if the type of product that harmed you or a loved one isn’t on this list. You may be entitled to financial compensation if any type of faulty product has harmed you.
How Do You Win a Product Liability Lawsuit?
An experienced lawyer in Fort Collins can help you with your product liability case. Product liability lawyers can tailor their approach to your specific circumstances to present the strongest case possible and seek the best possible outcome.
Other ways to improve your odds of success in winning a product liability case include:
Seeking medical care immediately after being injured
Following your doctor’s treatment plan
Keeping copies of medical records
Keeping the product that harmed you in the condition it was in after your injury
Getting witnesses who saw the accident to provide statements regarding how you were injured
Keeping a journal to record how your injuries affect your life and your ability to pursue your regular activities
What Damages Can Be Awarded in a Product Liability Lawsuit?
Damages refers to the money a jury awards a plaintiff in a trial or that an insurance company provides in a settlement as financial compensation for your losses. The at-fault party’s insurer may provide a settlement if you or your lawyer negotiate a deal instead of going to court.
You can seek compensation for two categories of losses when filing a product liability claim or lawsuit:
Economic losses
Non-economic losses
Many of the losses you might incur when a product harms you will have clear dollar values. For example, your medical bills and related expenses have objective dollar amounts. So do your lost wages. So does damage to your property. These are economic losses.
Sometimes, economic losses also include future losses. For example, if your injuries are serious, you might need ongoing medical care throughout your life. Your lawyer can estimate the cost of your future care to include in the amount you demand for compensation when submitting a claim.
Non-economic losses are subjective losses that have no price tag attached but that still have value. These losses can include pain and suffering, loss of enjoyment of life, anxiety, post-traumatic distress, and depression that resulted from the accident.
Is There a Time Limit for Filing a Product Liability Claim?
Colorado’s statute of limitations allows two years from the date you were injured by a product to file a lawsuit against the at-fault party. You will likely lose your right to pursue compensation through the court system if you miss this deadline. Protect your rights by taking advantage of a free consultation with an experienced product liability lawyer in Fort Collins today.
Contact a Fort Collins Product Liability Attorney
Seeking compensation in a product liability case may be more complex than other types of personal injury cases. For example, you may have to carefully review the details of your circumstances to determine what legal theory you may file a claim or lawsuit under. You shouldn’t have to manage the intricacies of filing a legal claim or lawsuit while you’re healing from injuries that weren’t your fault.
The seasoned attorneys of The Wilhite Law Firm can handle all the details of your case for you. With a qualified Fort Collins product liability lawyer on your side, you’ll be confident you’re navigating the legal process correctly. Get started today by contacting us for a free case review to learn more about how we can help.
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Fernanda Vargas
5 star service. They explained the process in detail and got great results. Thanks again!
Merari Hernandez
I’m so glad I reached out to Wilhite Law Firm after I was injured in a car accident. They made the process super easy. Thank you!
Carolay Rodriguez Torres
I had a great experience with Marianella. They got me the maximum out of my case! I would recommend them to anyone!
Beltrán Rodriguez
Great staff! They are always available to answer questions and concerns and care about their clients!
Edna Morán
I was extremely happy with the results that was achieved by my attorney at Wilhite Law Firm. Thanks Marianella!
Cristina Jiménez Durán
Excellent service, very grateful for the professionalism, attention throughout my process and the human quality of Mateo López.
Sebastian Tovar
I would like to thank Marianella from the Wilhite law firm for the hard work in getting a full policy limit from both insurances in my case. Highly recommend!
Alejandro
Marianella helped me get the compensation I deserved for my injuries and also made sure that I received the proper medical care I needed. Thank you!
Jorge Lopez
I had the pleasure of working with Vanessa and Marianella, who handled my case. They were very professional and great at communication.
A Texas native, Rob is the firm’s Managing Partner in charge of Litigation, overseeing all the firm’s cases. He has guided numerous cases to noteworthy conclusions for his clients, including a $9 million recovery for a defective product.