Technology continues to evolve, introducing countless new products, from cars and electronics to appliances and tools. Unfortunately, even everyday household items can cause serious injury if they contain a design or manufacturing defect. If you’ve been harmed by a defective product, you may be eligible to file a product liability claim.
To pursue a claim in Colorado, the defect must have directly caused your injury, meaning the accident wouldn’t have happened without it. A product is considered defective or unreasonably dangerous if it poses a greater risk of harm than an ordinary user would expect.If you need an experienced product liability attorney in Denver or anywhere in Colorado, contact Chalat Hatten & Banker for a free case review.
If you have been seriously injured in an accident, contact us for a 100% free consultation.
The manufacturer or seller failed to provide adequate warnings or instructions about potential risks.
A product may also be considered defective if it fails to perform as promised or advertised, violating an express or implied warranty.
The product’s design was inherently unsafe before it was even manufactured.
In some cases, dogs can cause severe or fatal injury with no physical contact. For instance, Colorado recognizes a dog fright claim, where a dog acts so aggressively that an individual reacts out of fear and is injured. Such cases include dogs charging at bicyclists who then crash while trying to avoid the animal or pedestrians so startled by a dog hurling itself against a fence that they back into oncoming traffic.
Something went wrong during production that made the product dangerous, even if the design was safe.
Defendants in the case may include a manufacturer of component parts and an assembling manufacturer. Although a manufacturer is not obligated to produce a product that is “accident-proof,” the manufacturer is required to make a product that is free from defective and unreasonably dangerous conditions. In addition to claims for defective manufacture and defective design, a consumer may also make a claim for failure to provide adequate warnings or instructions concerning the proper use of the product.
If you are injured by a consumer product, it is crucial that the product be preserved and not altered in any way. It is also important to preserve any proof of purchase and the documents accompanying the product, specifically the instruction booklets or warranties. If there were any witnesses to the accident involving the defective product, their contact information should be saved. It is also vital to note from whom and where the product was purchased.