Colorado Product Liability Attorneys
Marlo Greer and Greer Law Group, Product Liability Attorneys in Denver
Every day, each of us uses many products to complete our work, take care of our home and family, get from place to place, or enjoy recreation, among other things. Very few daily activities do not involve some kind of product. If a product you are using in the normal way it was intended to be used is defective in its manufacture or design, and that defect causes harm, you may be entitled to monetary compensation through a product liability claim.
If you have been injured by a defective or dangerous product, call Marlo Greer and the team at Greer Law Group at our Denver office today at 303-331-6460 to speak with a personal injury attorney and explore your options with a product liability claim.
What Are Some Examples of Product Liability Accidents?
Anytime you are harmed by a flaw in the design or manufacture of a defective product, you may be eligible to seek compensation. Here are a few examples of situations that might be considered product liability cases:
- A toy is designated as being appropriate for children ages 1 to 5, but your 2-year-old swallows a small piece and has to be taken to the emergency room.
- A ski breaks while you are on a black-diamond run, and you are injured. Upon later examination, you find that the other ski has a weak spot in the same place the other ski broke, and your friend’s identical skis have the same weak spot in the same place due to a problem in manufacturing.
- You buy new tires for your car that are warrantied for 60,000 miles, and after 10,000 miles, the tread comes off one of the tires, causing a serious crash in which you are injured.
- An electric blanket is designed to reach unreasonably high temperatures that are outside the industry-standard range, and the blanket burns your skin as you sleep.
- A space heater has no warning to keep it a certain distance away from draperies or other cloth items, and it sets your curtains on fire.
These are just a few examples, but they may give you an idea of the kinds of things that might be defined as product liability issues.
What Are the Three Types of Product Liability in Colorado?
Product liability claims are divided into three types:
- Manufacturing defects: A manufacturing defect is a defect in a product that results from a problem in the manufacturing process, such as a malfunctioning production machine or human error.
- Design defects: A design defect occurs when a product was manufactured as intended, but the design has an inherent problem that could cause harm, such as a crib designed to have the slats far enough apart for a baby to get their head stuck or a rearview mirror designed in a shape that leaves a large blind spot.
- Failure to warn: This might involve a product that does not come with proper instructions or warnings, like a child car seat that does not state that it should face backward or a toy that does not carry a warning about allowing children under a certain age to play with it.
What Should I Do if I’ve Been Injured by a Defective Product?
The very first thing you should do is get any necessary medical attention. Your health and safety should be the first priority, and having a record of your injuries can be important as your case moves forward. Next, call Marlo Greer and the attorneys at Greer Law Group to speak with a Colorado product liability attorney. Your attorney will advise you on how to move forward in your product liability claim.
Other good practices in preparing for your case include reporting the defect to the manufacturer and making sure you get a copy of the report in writing. Do not go beyond reporting to giving a statement, however, until you have spoken with a Colorado product liability lawyer.
Be sure to hold on to the defective product as evidence. If the defect is something you would like to have repaired, on a car, for example, wait until the defect has been fully documented and your attorney advises you to get the repair. Gather as much evidence as possible, including photos of the defective product and of your injuries.
Do not discuss your product liability case with anyone but your product liability attorneys. Don’t discuss it with anyone else, and especially don’t post about it on social media. One careless statement can put your compensation in jeopardy. Do not sign anything without the approval or advice of your attorney, as you may forfeit your right to further compensation by doing so.
What Is Strict Liability and Why Does It Matter in My Colorado Product Liability Case?
While most personal injury cases use a negligence standard to determine liability, Colorado employs what is called a strict liability standard in product liability cases. In a negligence case, the injured person must prove that the defendant failed to use reasonable care. In a strict liability product case, the injured person does not have to prove that the manufacturer was careless. The focus is on whether the product was defective and unreasonably dangerous, and whether that defect caused the injury.
What Kinds of Compensation Might I Be Entitled To in My Product Liability Case in Colorado?
If you have been injured by a defective product, you can seek economic (pecuniary) damages and non-economic (non-pecuniary) damages. Economic damages consist of the costs you have incurred as a direct result of your injury, including such things as medical bills, lost wages, costs of medical devices such as wheelchairs or a hospital bed, and travel costs to and from medical appointments, for example. These costs are straightforward and easy to determine and document.
Non-economic damages, however, are made up of intangible losses and life changes for which no receipts are issued. These can include things like pain and suffering, loss of enjoyment of life, loss of a career, inability to participate in activities you enjoyed before your injury, and loss of relationships, to name a few.
Why Should I Hire a Product Liability Attorney?
When your life has been changed for the worse by the injuries a defective product has caused, you may be entitled to compensation. Knowing how to get that compensation takes knowledge of the legal system.
A professional Colorado product liability lawyer from Greer Law Group can take your side against the corporation that may be liable for the product defect that harmed your health, your enjoyment of life, and your peace of mind. We will investigate what happened, take care of all the necessary legal paperwork, and help you pursue the compensation you need.
You need time to rest and recuperate from the injuries that the defective product caused. Let one of our product liability lawyers at Greer Law Group take your case and stand with you to hold the manufacturer accountable, possibly protect others from the product defect in the future, and help you to get the compensation you need to get your life back on track and start to heal. You don’t have to do it alone. We are here to help.
Marlo Greer and the product liability attorneys at Greer Law Group have the right combination of compassion and toughness to stand by your side. You need us on your side, and we will be there, every step of the way. Our Colorado product liability lawyers are here to help. 303-331-6460
Colorado Product Liability FAQs
Two years after the claim arises. Colorado sets a two-year deadline for most actions against a manufacturer or seller for injury, death, or property damage caused by a product’s design, manufacture, labeling, warnings, or instructions (C.R.S. 13-80-106(1)).
Manufacturing defects happen when something goes wrong in making the product. Design defects happen when the product was made as intended but the design itself is dangerous. Failure to warn happens when a product lacks proper instructions or warnings about its risks.
Not in a strict liability claim. Instead of proving the manufacturer failed to use reasonable care, the injured person must show the product was defective and unreasonably dangerous, and that the defect caused the injury.
Yes. In a Colorado product liability action, the injured person’s fault does not bar recovery. The award is reduced in proportion to the fault attributed to the injured person (C.R.S. 13-21-406(1)).
Economic damages such as medical bills and lost wages are not capped. For claims that accrue on or after January 1, 2025, non-economic damages are capped at $1.5 million, and damages for physical impairment or disfigurement are not limited by that cap (C.R.S. 13-21-102.5).