What You Need to Know About Defective Product Claims

People rarely expect a defective item to have a significant impact on their lives. However, even a slight defect in something as important as a car can have an enormous effect on the safety of the vehicle. For example, Takata Corp. was responsible for the largest automotive recall in history after people discovered Takata’s faulty airbags could and did injure and kill drivers. If a defective product led to your severe injury, there are measures you can take to seek compensation for your medical bills, lost wages, property damage, and pain and suffering.

Time Limit

The most critical piece of information to consider is how long it’s been since you were injured. In the state of Colorado, people typically have 2 years from the date of injury, death, or property damage in which to file a defective product claim. This time limit is called the statute of limitations. However, if you didn’t discover the injury until much later, the state’s discovery rule gives you more time to file.

Comparative Negligence

The amount you may recover in a product liability lawsuit can be reduced because of Colorado’s pure comparative negligence rule. This rule states if you contributed in some way to your accident, you could seek monetary compensation, but the damages will be reduced in proportion to your degree of fault. For example, if the court finds you were 10% at fault for your accident, your total award will be reduced by 10%.

Determining Liability

Depending on how complicated the product creation was, it may be difficult to prove who was liable for the defect. Was the design for the product itself flawed, or did the manufacturer not meet the specifications required to build the item? Was the product altered by the person who eventually sold it to you? Determining who was responsible for the error is one of the 1st steps in recovering compensation.

If you need help with your defective product case, don’t hesitate to give us a call. Our skilled Denver product liability lawyers are passionate about protecting our clients after they have experienced a severe injury. Let us see what we can do for you.

Contact us at (303) 732-5048 or fill out our online form to schedule your free case consultation today.

Categories: Personal Injury