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Denver Product Liability Attorney

If you’ve been injured due to a defective product, a Denver product liability lawyer may be able to help. From household cleaning solutions to high-end digital devices, thousands of everyday products have caused serious bodily injuries or the loss of life.

Technology and innovation have brought hundreds of thousands of products to store shelves and websites, and all of them readily available to the public. We choose which of these are worthy of being brought into our lives based on the needs they’re designed to fulfill, recommendations from peers, and marketing claims. Some exceed our expectations while others fall short, but a few can actually be dangerous or deadly.

Denver Product Liability Attorney

Why Choose Us?

  • We promise a high level of service. Our Denver product liability attorneys will always take the time to speak with you personally about your case.
  • We believe in hands-on case management. Your personal injury lawyer will be the one to handle your product liability claim – not an assistant, associate or paralegal.
  • Our team of lawyers have years of experience handling all types of personal injury lawsuits. We have extensive practice in product liability law.
  • We take product liability cases on a contingency fee basis, meaning you will only pay for legal fees if we obtain financial compensation on your behalf.

When Should I Hire a Product Liability Attorney?

Getting reimbursed for damages related to a defective or dangerous product often takes going up against a major manufacturing corporation. You might believe you deserve compensation for a grave injustice, but you cannot obtain payment unless you prove your case to an insurance company, judge or jury.

Hiring a Denver product liability lawyer allows you to focus on your personal recovery rather than a legal battle. Your attorney can make sure the manufacturing company does not take advantage of you during the settlement or trial processes. Your lawyer can also give an honest evaluation of your case so you know what it is truly worth – and when settlement offers are insufficient to cover your losses.

What is a Defective Product?

A product is defective if it contains a flaw that prevents it from functioning correctly. A defective or dangerously designed product could cause consumer injuries, property damages and deaths. Most products involved in liability lawsuits against manufacturers in Colorado contain one of three main types of flaws.

  1. Manufacturing defect. A problem that occurred during the manufacture of the product that made it unsafe for consumers. Examples include a worker misreading bicycle assembly instructions or a contaminant tainting a batch of cough syrup.
  2. Design issue. An issue in the design of a product means its blueprint or inherent structure is unsafe. An example would be an electronic charging bank designed with a battery that overheats too easily, posing a burn or fire hazard.
  3. Marketing error. A marketing error is a mistake in how the manufacturer markets or advertises the product, including labels and instructions. Failing to include a safe age range on a child’s toy, for example, could lead to a choking hazard for infants.

If you or a loved one has suffered serious injuries or wrongful death because of product defects, contact us. The Denver product liability attorneys at The Fang Law Firm can help you hold negligent parties responsible. You could have grounds for a product liability claim against a product manufacturer or distributor.

Colorado’s Product Liability Laws

In Colorado, the legal doctrine of product liability centers on a manufacturer’s responsibility to abide by certain standards in the design and creation of its products. Federal laws mandate companies to meet the ordinary expectations of the average consumer. A defective product fails to meet these expectations and thus poses a health or safety risk to customers. When this happens, the victim may be able to bring a claim against the manufacturer in Colorado on one of three foundations.

Strict Product Liability

If the item contains one of the three above-listed types of defects and you have proof that the product caused your injuries, you may be able to bring a strict liability claim. You will not need to prove that a manufacturer was negligent to succeed with this type of claim.

Breach of Warranty

For an effective breach of warranty claim, your lawyer will need to establish through evidence that the manufacturing or distributing company failed to fulfill a promise it explicitly or implicitly made to customers in terms of quality or safety in its advertising.

Negligence

The argument of negligence asserts that the manufacturer breached a duty of care it owed to consumers, such as through a careless mistake or by intentionally releasing a product with a known defect, and that this is what caused your injuries. Proving negligence during a product liability lawsuit can require help from an attorney.

These are the three main grounds for filing a liability lawsuit against a company for a defective or dangerous product. The lawyers at The Fang Law Firm can analyze your case to help you understand which doctrine may apply. This will depend on the circumstances of your injury and the actions or omissions of the manufacturing company. If we decide to accept your case, we can then start to build your claim to damages according to the best legal strategy for you. Our attorneys have enough experience with all three grounds to craft a strong case on your behalf regardless. We can also help you combat common defenses from the defendant, such as the assumption of risk or improper use of the product.

What are Common Defective Products?

Any consumer product could contain a defect or dangerous design flaw that makes it unsafe for use. In our years of practice in the product liability sector, we have handled cases involving a range of defective products. Our firm has helped clients with serious and catastrophic injuries recover fair and full compensation for their damages. Incidents ranging from car accidents to medical malpractice could involve defective products. Other common defective products include:

  • Auto parts
  • Children’s toys
  • Construction equipment
  • High chairs
  • Home appliances
  • Industrial machinery
  • Medical devices
  • Medications
  • Motor vehicles
  • Power tools

All product manufacturers have a legal duty to design reasonably safe products, test them for malfunctions and warn consumers of any known or potential hazards. If a company fails to fulfill these duties, resulting in harm to consumers, it could be liable for economic and noneconomic damages. As an injured consumer, it is within your rights to seek compensation for these damages through a civil lawsuit.

Defective Cars and Other Consumer Products

When a manufacturer discovers one of its products has a defect, it will typically issue a voluntary recall. Otherwise, a federal safety organization such as the Food and Drug Administration may order a mandatory recall of the item. As a consumer, you can keep up with product recalls through reliable sources such as the Consumer Product Safety Commission (CPSC). The CPSC posts all recent recalls online concerning general consumer products. The National Highway Traffic Safety Administration, on the other hand, keeps track of vehicle and automotive recalls.

  • Takata airbag recalls. Takata, an airbag manufacturer, recalled approximately 56 million defective airbags after receiving reports of the devices exploding upon deployment.
  • Jeep fuel tank fires. Fiat Chrysler America, Jeep’s manufacturer, recalled 1.56 million vehicles for unsafe fuel tank placement that could cause fires or explosions in rear-end collisions.
  • SUV rollovers. Many consumers have brought lawsuits for unsafe SUVs that are unreasonably prone to rollover accidents. These SUVs often have designs with too-high centers of gravity.
  • Roof crush incidents. Some consumers have brought claims against manufacturers such as Ford for weak roof systems that crush inward during rollover accidents.
  • Diesel fire hazards. BMW recalled approximately 1.6 million of its diesel vehicles due to a faulty engine that could leak coolant and pose a fire risk.

Other commonly recalled defective auto parts include brakes, tires, steering components, seat belts and starters. Defective vehicle parts and other consumer goods can cause serious injuries. A vehicle with a faulty part could cause an accident or fail to protect passengers from injuries. All manufacturers, including automakers, have a legal responsibility to ensure the safety of their products. Releasing dangerous and defective consumer goods or cars to the public can lead to manufacturer liability for injuries.

Defective car in factory

Defective Medical Devices and Dangerous Drugs

Other defective products commonly at the center of product liability lawsuits in Denver exist in the medical field. Manufacturers in the health care industry must abide by even stricter safety rules, standards and protocols than normal manufacturers; yet still, dozens of defective and dangerous products reach the hands of patients every year. Thousands of patients suffer injuries, illnesses and death due to malfunctioning medical devices and unsafe medications.

  • Birth control and implant devices
  • Breast implants and tissue expanders
  • Da Vinci robotic surgeons
  • DePuy hip and knee replacements
  • Hernia and transvaginal mesh
  • Inferior vena cava (IVC) filters
  • Invokana
  • Power morcellators
  • Proton pump inhibitor drugs
  • Talcum powder
  • Taxotere
  • Xarelto

You have the right to expect a medical device or drug to work as the manufacturer intended to properly treat your condition. Sadly, not all manufacturers live up to this expectation. Many breach the standards of quality or safety that apply to the medical industry, often to save time or money. Skipping steps and cutting corners, especially during product safety tests, can lead to life-threatening health complications for patients. If you are the victim of a defective medical product or medication, the manufacturer or pharmaceutical company could be liable for your damages.

Injuries Defective and Dangerous Products Cause

Products that do not work the way they should can cause a wide range of personal injuries. At The Fang Law Firm, we can help clients with all types of injuries, from bruises and lacerations to permanent brain damage. We also take cases involving illnesses, infections and wrongful death. Speak to our product liability lawyers about a potential claim no matter what type of injuries you or a loved one suffered due to a defective product.

  • Accidental poisoning
  • Back and spinal cord injuries
  • Broken bones
  • Burns
  • Choking
  • Electrical shocks/electrocutions
  • Eye injuries
  • Lacerations
  • Loss of fingers or limbs
  • Skull and brain injuries
  • Strangulation
  • Suffocation
  • Unintentional drowning
  • Wrongful death

The severity of your injury can determine how much your claim is worth. In general, the Colorado courts are willing to award more money to victims with serious, catastrophic and life-changing injuries that will cause temporary or permanent disabilities. However, we are still interested in hearing about your case if you suffered more minor injuries. Our firm advocates for injured consumers after all types of defective product injuries and illnesses, big and small.

What Damages are Available in Colorado?

A defective or dangerous consumer product could change your life. You could suffer catastrophic injuries such as multiple bone fractures, severe burns, a traumatic brain injury or a spinal cord injury. A lawsuit could be the best way to obtain financial compensation for defective product injuries. Our product liability attorneys in Denver know a compensation award will not return things to normal, but it could provide stability for your family’s future, including recovering finances for:

  • Expensive medical costs
  • Lost income
  • Past and future physical pain and suffering
  • Emotional suffering
  • Property damage repairs
  • Diminished value of life
  • Punitive damages

During a consultation with one of our attorneys, you can learn what we believe your claim might be worth. We will analyze your damages based on a description of your injuries and documents you bring with you, such as medical records, bills and paystubs. Then, we can use our knowledge of product liability claims to estimate a fair case value. Knowing the potential value of your claim can give you a leg up during insurance settlement negotiations, so you do not settle for less than your case is reasonably worth. It can also show how much a skilled attorney may be able to obtain for you should you choose to hire the firm.

Statute of Limitations for a Product Liability Claim in Colorado

You or your lawyer must file a lawsuit within the statute of limitations for a valid claim to damages in Colorado. You have two years from the date of your defective product injury to file a civil claim with the county courts. This deadline extends to three years if you are filing a claim after an auto accident. If you do not discover your injuries until later – such as side effects months after taking a dangerous drug – your time limit will not begin until the date of discovery. Speak to an experienced Denver product liability attorney for information about your specific deadline.

Contact Our Denver Product Liability Attorney

Most product liability cases fall into one of three categories, such as strict liability. Each is geared toward a specific link in the supply chain and covered by a distinct set of laws. To schedule a free consultation with our product liability lawyers at The Fang Law Firm, contact us today. We are passionate advocate for those who have been injured from design defects, product defects, dangerous drugs, manufacturing defects and dangerous products.