Customer dissatisfaction is not unheard of. However, there are times when that dissatisfaction is intense enough to pursue. Product liability cases are when a customer files a suit against a manufacturer or company that has sold them a faulty or defective product.
There are a handful of reasons for a product liability suit to be filed by consumers. They generally fall into three categories: marketing, design, and manufacturing defects. If you or someone you love has been injured due to a faulty product, contact our Denver product liability attorney today. We always offer free consultations and are available 24/7 (303) 465-8733.
What Is Product Liability?
A product liability claim refers to a legal action that involves a defective or dangerous product. Anyone along the chain of manufacture or distribution can be liable for the specified product, including manufacturers, designers, vendors, retailers, and distributors.
Product liability law is a subset of personal injury law. When you file a product liability lawsuit, or any other type of personal injury claim, Colorado law allows you to collect damages if you can prove that the at-fault party is responsible for the injuries you sustain.
Product liability lawsuits may involve many different consumer products, including the following:
- Prescription medication
- E-cigarettes and vapes
- Medical devices
- Heavy machinery
- Car, truck, and motorcycle parts
- Fertilizers and pesticides
- Children’s products, such as car seats and toys
- Household appliances
- Cleaning consumer products
How Do You Prove Product Liability?
Many product liability claims will require you to prove that the at-fault party in your claim committed an act of negligence when creating the defective product. You and your product liability attorney will need to gather evidence to support the following elements to establish negligence.
- First, you will need to establish that you suffered an injury or losses as a result of the defective medical device or product. These damages may include medical expenses, chronic pain, disfigurement, lost wages, emotional anguish, and disability.
- Next, you will need to prove the product was defective. This defect can come from a number of origins, from damage during the manufacturing process to improper instructions or warnings.
- Then, you will need to prove that the defect caused your injury directly. For example, if you suffered scarring due to an exploding vape pen, you can use your medical records, witness testimony, and expert witness statements to prove the cause of your scarring.
- Finally, you must establish that you used the product as the manufacturer intended. If you used the product in a way that the manufacturer did not intend or reasonably expect its customers to do, the court will likely dismiss your claim.
Once you establish these elements, the court will decide whether or not you should receive damages, and the value of the final settlement you may receive. While these elements may seem straightforward, proving a product liability claim can be a challenge without a product liability lawyer on your side.
The Denver product liability attorneys at Jordan, Herington & Rowley law firm have developed relationships with medical and manufacturing experts who can prove the nature of your injuries in the courtroom, as well as a strong knowledge of Colorado product liability law. Our firm will handle the creation of your case so you can focus on recovery, not paperwork.
What Is the Difference Between Strict Liability and Product Liability?
The rule of strict liability dictates that the defendant in your claim is strictly liable for the injuries you sustain in certain circumstances, regardless of negligence or fault. Certain product liability claims fall under the definition of strict liability. To prove your case qualifies for this type of litigation, you will need to establish one of three types of defects directly caused your injuries and damages.
- Manufacturing defects
- Marketing defects
- Defective design
After establishing that your claim falls under one of the above types of defects, you do not need to prove negligence or fault to secure financial compensation. However, you will still need to establish the cause of your injury and the nature of the defect. The product liability lawyers at Jordan, Herington & Rowley will connect you with the resources necessary to prove these elements and your need for damages.
Why Choosing Our Denver Product Liability Attorney is Best
- At our firm, we always put our clients first. Our clients are our top focus because we care about them, and want to ensure their families can obtain the justice they deserve.
- Our Denver injury lawyers have recovered millions of dollars for our deserving clients, including numerous multi-million dollar recoveries.
- Our firm is available to clients 24/7 throughout the duration of their case. Get started by calling us for a free consultation.
Three Types of Defects in a Product Liability Lawsuit
- A marketing defect is if there is a problem with the instructions for the product or if there was a warning or note about the product that was not shared.
- A design defect points to a problem with the basic design of the product, as opposed to something that the manufacturer made a mistake on while making it.
- A manufacturing defect is when the design of the product is good, but the product manufacturer makes a mistake during manufacturing. If customers purchased a product that is not functioning correctly because of something that the creator or manufacturer did, they can sue.
One of the more specific reasons that fall under these three categories is if the manufacturer did not put a warning on the product. If something or someone is damaged in some way and there was no previous indication of the possibility of the damage happening, the manufacturer could be at fault.
Reasons to File a Claim
Almost all products come with a warranty. It is a mutually agreed upon deal. The manufacturer promises that it will last a certain amount of time, and the customer promises not to fault the manufacturer if the product malfunctions after that point. If a manufacturer breaches the warranty, it could face a lawsuit.
Another reason to pursue a product liability suit is if a product is recalled. If the manufacturer realized a product it released is defective in some way, it must recall that product and repay the people who bought it, depending on damages that it may have caused. This can happen with defective products in your home that you didn’t know could injure you, for example, Spray foam insulation which could cause serious fires. The spray is used thermal insulator, but it’s extremely flammable and can be ignited easily, especially if you are getting construction work in your home.
What to Do Before Filing a Claim
If you or a loved one have been injured by a product and plan on filing suit, be sure to keep the evidence. This includes the product itself and anything that was affected by it. Take pictures of the situation before moving anything, so you can have solid proof in court of what happened.
You will need to know specific information to be able to pursue a case. Find out the manufacturer, model, and a serial number of the product that was defective. If you still have the receipt from when you purchased the item, be sure to save it so you have a physical record. If someone needs to be taken to the hospital, make a note of the doctors, hospitals, and any other information that they give you at the hospital.
Free Consultation With a Denver Product Liability Attorney is One Call Away
If you have more questions regarding your injury lawsuit, contact Jordan, Herington & Rowley. Our experienced Denver product liability attorney will help you get the compensation you deserve. Call today for a free consultation (303) 465-8733.