About Dangerous Product Law in Colorado, United States
Dangerous product law, also known as product liability law, deals with injuries or damages caused by defective or unsafe products. In Colorado, this area of law is intended to protect consumers from harm caused by products that are not reasonably safe for their intended use. These laws cover a wide range of items, including household appliances, vehicles, medical devices, toys, pharmaceuticals, and more. If a product causes injury due to a design flaw, manufacturing defect, or inadequate warning label, the injured party may have legal recourse to seek compensation from manufacturers, distributors, retailers, or any responsible party in the product's chain of distribution.
Why You May Need a Lawyer
If you or a loved one has been injured by a dangerous or defective product, you may face complicated legal and insurance processes. Common situations where legal assistance can be crucial include:
- Physical injury or illness resulting from the use of a consumer product
- Products causing property damage or economic loss
- Incidents involving recalled items or products known to be hazardous
- Complex cases where multiple parties may be responsible for the defect
- Situations in which a company disputes your claim or offers an inadequate settlement
- Cases requiring expert witnesses to establish product flaws and liability
A lawyer experienced in dangerous product cases can help you determine the strength of your claim, gather necessary evidence, deal with insurance companies, and represent your interests in court.
Local Laws Overview
Colorado follows a combination of common law principles and statutes when it comes to dangerous product cases. The key aspects include:
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Strict Liability - Under Colorado law, a manufacturer or seller can be held strictly liable if a product is found to be defectively manufactured, defectively designed, or lacks the necessary warnings, even if the party was not negligent.
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Comparative Fault - Colorado uses a modified comparative fault rule. If the injured person is partly responsible, their compensation may be reduced by their percentage of fault. If the injured party is found to be 50 percent or more at fault, they cannot recover damages.
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Statute of Limitations - In Colorado, you typically have two years from the date of injury to file a product liability lawsuit. Exceptions exist for certain circumstances, such as delayed discovery of injuries.
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Types of Defects - Dangerous product claims generally fall into three categories: manufacturing defects, design defects, and failure to warn (also known as marketing defects).
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Economic and Non-Economic Damages - Plaintiffs may seek medical costs, lost wages, pain and suffering, and, in some cases, punitive damages if egregious misconduct is proven.
Understanding the nuances of local law and court procedures is essential, as these can significantly impact the outcome of a dangerous product case in Colorado.
Frequently Asked Questions
What qualifies as a dangerous or defective product?
A product is considered dangerous or defective if it is unreasonably unsafe due to how it was manufactured, designed, or labeled, and it causes injury when used as intended or in a reasonably foreseeable way.
Who can be held liable for dangerous product injuries in Colorado?
Potentially liable parties include the manufacturer, wholesaler, distributor, retailer, or any entity involved in the product's supply chain.
How long do I have to file a dangerous product lawsuit in Colorado?
You generally have two years from the date of injury to file a lawsuit, but there can be exceptions such as injuries discovered later. It is wise to consult a lawyer as soon as possible.
Do I need to prove negligence to win?
No, under strict liability law in Colorado, you do not have to prove that the defendant was negligent, only that the product was defective and caused your injury.
What damages can I recover in a product liability case?
You may be eligible for compensation for medical expenses, lost income, property damage, pain and suffering, and in certain cases, punitive damages.
What should I do if I am injured by a defective product?
Seek medical attention, keep the product and any evidence intact, document your injuries and expenses, and consult a qualified product liability attorney as soon as possible.
Can I still file a claim if I modified the product?
It depends. If your modification was not reasonably foreseeable by the manufacturer, your claim may be weakened. However, legal exceptions can apply, so contact an attorney.
Are there special rules for recalled products?
Recalls can support your claim, but are not required. Even if a product was not recalled, you can pursue compensation if it was unreasonably dangerous or defective.
What defenses might manufacturers use?
Common defenses include claiming the plaintiff misused the product, altered it, or assumed the risk of injury. Manufacturers may also dispute whether the product was actually defective.
How can a lawyer help with my dangerous product case?
A lawyer can determine liability, gather evidence, negotiate with companies and insurers, calculate damages, and represent you in court to maximize your compensation.
Additional Resources
- Colorado Department of Law - Consumer Protection Section: Helps consumers address unsafe products and liaises with regulatory bodies
- U.S. Consumer Product Safety Commission: Provides recall information, safety alerts, and reporting portals for unsafe products
- Colorado Judicial Branch: Offers self-help resources regarding filing civil lawsuits and local court procedures
- Local bar associations: Can assist in finding a qualified attorney experienced in dangerous product claims
Next Steps
If you suspect you or someone you know has been harmed by a dangerous product in Colorado, take these essential steps:
- Preserve the product, packaging, receipts, and any instructions or warnings
- Write down detailed notes about how the injury occurred and any communications with the seller or manufacturer
- Collect and organize all medical records and expenses related to the injury
- Do not attempt to repair or throw away the product, as it may be crucial evidence
- Contact a Colorado-based attorney who specializes in product liability cases to evaluate your situation and advise you on your legal options
Taking prompt action can help protect your rights and improve your chances of obtaining fair compensation. Consulting with a legal professional knowledgeable in dangerous product claims is vital to navigating the complexities of Colorado law and achieving the best possible outcome for your case.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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