Take Action with Our Denver Product Liability Lawyers
Every day we depend upon manufacturers and distributors to test the products that they sell to ensure they are safe for mass consumption. We trust them with our lives but sometimes our trust is misplaced. Very rarely do we ever expect to suffer a serious injury after using a brand new or lightly used product.
When you’ve been injured by the defective product, you have the right to seek fair compensation for your medical bills, lost wages, pain and suffering, and other damages associated with your injury. You also have a right to hold the manufacturer accountable for their negligence and to demand that they do what’s right. Often, defective products will get removed or automobiles recalled from the market. Unfortunately, in most cases this will only occur after injured people bring lawsuits and the company loses.
At Gerash Steiner, P.C. our injury attorneys provide a voice for accident victims and their families in Denver and other surrounding communities throughout Colorado. Call us now or email our Denver product liability lawyers today to discuss the legal options available to you during a free initial consultation.
What to Do When Injured by a Dangerous Product
If a defective product injures you, there are specific actions you should take to protect your product liability claim.
- First, seek immediate medical attention. Your health and safety is the most critical consideration. The hospital will also keep records of your injuries that you can use in court.
- Next, keep the product and any proof of purchase you have safe. Be sure to keep the product exactly as it was at the time of the injury. Do not attempt to fix the product or tamper with it in any other way.
- Further, you should keep detailed records of what happened and the repercussions of the injury. A written account of how the injury occurred will help you remember the details as a settlement or lawsuit drags on. Medical bills, medical records, and records detailing time away from work will help you prove your case.
- Do not communicate with the product manufacturer, their insurance company, or opposing lawyers without your own legal representation present. Also, avoid speaking about the incident on social media.
- Finally, you should contact an experienced attorney as soon as possible. Defective product claims are challenging to prove. The skilled attorneys at Gerash Steiner Blanton can help you develop a strong case.
Common Types of Product Defects
Product defects fall into three main categories:
- Design defects,
- Manufacturing defects, and
- Marketing defects, also known as failure to warn defects.
Design Defects
These occur when there is an inherent flaw in the product’s design that makes it unreasonably dangerous for its intended use, even if manufactured according to specifications. In a legal context, a design defect exists if the product’s design poses a foreseeable risk of harm that could have been reduced or avoided by adopting a reasonable alternative design.
Manufacturing Defects
These defects occur during manufacturing and result in a product that deviates from its intended design. Unlike design defects, manufacturing defects usually affect only a limited number of products within a specific batch or production run. In product liability, a manufacturing defect exists if the product differs from the manufacturer’s intended result or other products in the same line and poses a danger that the consumer would not expect.
Marketing Defects (Failure to Warn)
These defects occur when the manufacturer does not provide adequate instructions for a product’s safe use or warnings about potential risks associated with its use. From a product liability perspective, a product may be considered defective if it does not include sufficient warnings or instructions that could have prevented injury when the product is used in a reasonably foreseeable manner.
Common Defective Product Examples
Due to strict federal regulations put into place by government entities such as the Federal Drug Administration (FDA), products must go through rigorous safety testing before being manufactured and distributed for mass use. Because of these strict testing requirements, we have come to expect that most products are deemed safe for use and consumption. Unfortunately, this is not always the case.
If a product manufacturer has specifically chosen to value profit over the general safety of the public, our Denver product liability lawyers aggressively pursue justice for those who have been wrongfully harmed as a result of negligence. This type of professional misconduct is severely inexcusable and we are ready to take the appropriate legal recourse that can help right the wrongs committed against you, your loved one, or your family.
Injured by a defective product listed below? Call our Denver defective product attorneys immediately!
Defective products can affect anyone. Some faulty product examples that we can handle include the following:
Car, Truck & Motorcycle Accidents
- Faulty design leading to:
- SUV roll-overs
- Loss of control over the vehicle
- Defective seat belts
- Defective air bags
- Tire blowouts
- Faulty brakes
- Fuel system defects/fires
- Roof crush/compartment safety
Workplace Accidents
- Faulty heavy equipment
- Safety feature failure or malfunction
- Lift and crane accidents
- Tractor accidents
- Industrial machinery defect
Home and Personal Products
- Defective space heaters
- Faulty smoke alarms and fire extinguishers
- Defective children’s toys
- Defective infant equipment (strollers, car seats, playpens)
- Faulty drugs that lead to serious injury or wrongful death
- Defective medical devices
- Power tool (drills, saws, etc.)
Experienced Denver Personal Injury Attorneys on Your Side
Each of our Denver injury lawyers has more than a decade of experience to draw upon when bringing your case forward in negotiations or in a jury trial. Additionally, we also draw upon the first-hand medical experience of Attorney Eric Steiner, M.D. An experienced physician, Mr. Steiner is invaluable in helping us prove the severity of injuries associated with serious defective product cases.
For example, a natural gas company worker suffered debilitating lung damage after a toxic agent used in drilling preparation exploded in his face. Our experienced defective product attorneys proved that the manufacturer had failed to warn that protective gear was required when handling the anti-bacterial chemical. We were able to negotiate a multi-million-dollar settlement for the worker and his family.
Strict Product Liability Claims: No Need to Prove Fault
A product liability claim is a type of personal injury claim. Colorado recognizes several different types of product liability, including strict liability, liability based on negligence, and warranty liability. Strict liability is unique because you can win a product liability lawsuit without proving that the defendant was at fault.
Essentially, strict product liability turns product manufacturers into the insurers of their products, at least in situations where strict liability for product defects applies. A Denver product liability lawyer can help you win a strict product liability claim.
To win this type of lawsuit, you must prove:
- The defendant manufactured the product;
- The defendant was a merchant of products of that type;
- The defendant sold the product (but not necessarily to you);
- The product was defective at the time it left the defendant’s control;
- The defect rendered the product unreasonably dangerous to the user;
- You are the type of user who the manufacturer could reasonably expect to use the product;
- The product reached you without substantial alteration;
- You suffered losses; and
- The defect in the product caused your losses.
You must prove all of the previous elements on a “more likely than not” basis. This standard of proof—known legally as the “preponderance of the evidence” standard—is much easier to meet than the “beyond a reasonable doubt” standard required in criminal prosecutions.
Who Is Liable for Defective Products?
When a defective product injures someone, they can pursue legal action against various parties involved in its manufacture, distribution, or sale. The parties who may be liable depend on the type of defect and the circumstances of the case. These may include:
- Manufacturer. The manufacturer of the defective product is often the primary target of product liability lawsuits and can be held liable for defects in design, manufacturing, or marketing. Manufacturers include companies that design, produce, and assemble the product.
- Retailer or Seller. Retailers or sellers can also be liable for selling a defective product, especially if the retailer played a role in creating the defect, such as by improperly storing or handling the product.
- Wholesaler or Distributor. Wholesalers and distributors can be held liable if they were involved in distributing a defective product that caused harm. Both parties have a duty to ensure the products they distribute are safe for consumers.
- Parts Manufacturer. If a product contains defective parts or components, the manufacturer of those parts may also be liable for any resulting injuries.
In Colorado, an injured party can seek the assistance of a Denver product liability lawyer or a defective product lawyer to navigate the legal process and pursue a claim against the responsible parties. The team at Gerash Steiner P.C. specializes in product liability cases and can help injured individuals recover compensation for medical expenses, lost wages, pain and suffering, and other damages caused by defective products.
Damages Available in Defective Product Lawsuits
When injuries occur due to a defective product, victims may be entitled to various types of damages to help them recover:
- Medical Expenses. Compensation for past and future medical costs related to treating the injury caused by the defective product.
- Lost Income. Reimbursement for wages lost due to the injury, including future lost income if the injury affects the victim’s ability to work.
- Pain and Suffering. Compensation for physical pain and emotional suffering caused by the injury.
- Disfigurement. Damages for any permanent disfigurement or scarring resulting from the injury.
- Loss of Enjoyment of Life. Compensation for losing enjoyment of activities and hobbies due to the injury.
- Punitive Damages. In cases of extreme negligence or intentional wrongdoing, courts can award punitive damages to punish the responsible party and deter similar conduct in the future.
- Wrongful Death. When the injury results in death, surviving family members may be entitled to damages for loss of companionship, funeral expenses, and other related costs.
A dangerous product lawyer can help victims of defective products pursue these damages through a product liability claim, ensuring they receive fair compensation for their injuries and losses.
Frequently Asked Questions (FAQs)
When Should I Hire a Denver Product Liability Attorney?
If you believe you might have a claim, you should hire a lawyer immediately. If you are uncertain whether you have a claim or not, a Denver defective product injury lawyer can perform an investigation to make sure. Remember, the defendant will probably be a sizable manufacturer. They will likely possess the resources to hire expensive lawyers to try to out-negotiate or intimidate you. Let us do the negotiating for you while you focus on regaining your health. We will not settle your claim without your consent.
What Renders a Product “Unreasonably Dangerous”?
Even a defective product is not necessarily “unreasonably dangerous.” A defective product is unreasonably dangerous if the risk that the defect creates is unexpected, either in type or in magnitude. A product may also be unreasonably dangerous if a design’s risk of harm outweighs any of its benefits.
In many cases, the question of whether a defective product is unreasonably dangerous is a judgment call. A seasoned Denver defective product attorney can help you determine whether your claim is worth pursuing and how much it might be worth.
What Is a “Warning Defect”?
A warning defect can arise when a product’s packaging fails to warn of product dangers or if it fails to offer adequate instructions. Omission of the warning “Do not administer to pregnant women” is a possible example. A Denver product defects lawyer can help you determine whether a product that injured you contains a warning defect.
What is the Statute Of Limitations for Product Liability Claims?
In Colorado, the statute of limitations for product liability claims is typically two years from the date of the injury or discovery of the injury caused by a defective product. However, there are exceptions and variations depending on the specific circumstances of the case. It’s crucial to consult with a Denver product liability attorney as soon as possible after an injury to ensure that your claim is filed within the applicable statute of limitations and to explore your legal options for seeking compensation.
Will My Case Settle Out of Court?
While nothing is guaranteed, most product liability claims are settled before they are taken to court.
Choose Gerash Steiner, P.C. – No Fees Unless We Win!
At Gerash Steiner, P.C. we handle all personal injury and wrongful death cases on a strict contingency fee basis. This means that our clients do not have to worry about paying any legal fees. You won’t have to pay unless we are successful in obtaining compensation for you. When we win on your behalf, our legal fees can be paid according to an agreed upon percentage of the final settlement.
Feel free to review some representative cases we’ve handled for injured clients and grieving families. Then contact us to see how we can help you find justice and accountability after an injury from a defective product.