Product Liability Attorney in Fort Collins
Has a product hurt you while you were using it in Fort Collins CO? 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 Colorado 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 we 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 lawyers 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 Colorado 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 Fort Collins product liability lawyer 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 product liability lawyer 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 of winning a products 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.
Does Colorado Have 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 today.
Contact a Fort Collins Product Liability Lawyer
Seeking compensation in a Colorado 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 online for a free case review to learn more about how we can help.
