How to Prove a Product Was Defective in a Colorado Court

When a defective product causes harm, proving that the product was defective is a critical part of winning a product liability case in Colorado. However, this process often involves technical evidence, expert testimony, and thorough preparation. In this post, we’ll walk you through what’s required to prove a product defect and protect your rights as an injury victim.

What Does It Mean for a Product to Be Defective?x

Under Colorado law, a product is considered defective if it is unreasonably dangerous due to a:

1. Design Defect
   • A flaw in the product’s design makes it inherently unsafe, even when manufactured correctly.
   • Example: A car with a poorly designed gas tank prone to explosions in minor collisions.
2. Manufacturing Defect
   • The product deviates from its intended design during production, creating a dangerous flaw.
   • Example: A bike with a cracked frame due to a production error.
3. Failure to Warn or Inadequate Instructions
   • The product lacks proper warnings or instructions to ensure safe use.
   • Example: A power tool without a warning about risks of electric shock in wet conditions.

Key Elements to Prove in a Product Liability Case

To succeed in a Colorado product liability case, you must prove:

1. The Product Was Defective
   • Use evidence such as the defective item, expert analysis, and records of similar product failures to demonstrate the defect.
2. The Defect Existed When the Product Left the Manufacturer’s Control
   • Show that the defect was present before you purchased or used the product. Receipts, purchase records, or manufacturing documentation can help.
3. The Defect Directly Caused Your Injury
   • Establish a clear link between the defect and the harm you suffered. This may require medical records, eyewitness testimony, and expert opinions.

How to Gather Evidence to Prove a Product Defect

Proving a defect often hinges on collecting strong evidence, including:

1. The Defective Product Itself
   • Preserve the product in its current state, including any broken or damaged parts. Avoid altering or attempting repairs, as this could weaken your case.
2. Product Packaging and Manuals
   • Save any packaging, instructions, or warning labels that came with the product. These materials may demonstrate inadequate warnings or instructions.
3. Purchase Records
   • Keep receipts or proof of purchase to establish when and where you acquired the product.
4. Photos and Videos
   • Document the defective product, the accident scene, and your injuries as soon as possible.
5. Expert Testimony
   • Engineers, safety specialists, or other experts may analyze the product to identify design flaws or manufacturing errors.

Common Challenges in Proving a Defect

Defendants in product liability cases often argue:

• Misuse of the Product: Claiming the product was not used as intended.
• Alterations or Repairs: Asserting that modifications caused the defect.
• Comparative Negligence: Suggesting you were partially at fault for the injury.

These challenges highlight the importance of a well-prepared legal strategy.

Why Legal Representation Matters

Product liability cases can be highly technical and complex. A skilled attorney can:

• Identify the type of defect involved.
• Gather the necessary evidence.
• Counter the defense’s arguments.

Don’t Wait to Take Action

Colorado law sets a two-year statute of limitations for product liability claims. Acting quickly can make all the difference in preserving evidence and building a strong case.

At Jordan Law, our defective products lawyers have the experience and resources to help you prove your product liability claim and hold negligent manufacturers accountable. Contact us today for a free consultation.