Among the various and most common claims of personal injury are product liability claims.
What is “product liability”?
Product liability
refers to the responsibility of manufacturers and sellers when their product causes injuries to customers. In other words, it refers to the liability of the entire manufacturing chain and distribution of a product.
A product liability claim is therefore a lawful request for damage recovery. It is filed against the manufacturers and sellers of a product that caused injury/damage.
Because there is no federal product liability law, most claims are based on state or jurisdiction laws. While product liability claims can be founded on negligence, strict liability, or breach of warranty, in Colorado product liability cases are based on either negligence or strict liability.
Negligence
A product liability claim is based on negligence
when the manufacturer or seller is held liable for any careless or negligent action that caused physical or proprietary damage through its product. It is filed in reference to the design and material of the product as well as the production process. Other factors include the assembly and testing of the product and finally, the placement of appropriate warnings on the product.
Strict Liability
In the case of a strict liability claim, as opposed to that of negligence, the intent or care of the defendant is irrelevant. Specifically, it does not matter whether the defendant acted with reasonable care during the manufacturing or distribution of the product.
As long as the product can be proved to be defective and unreasonably dangerous, which then causes harm to the customers, the manufacturers, sellers, and distributors will be held liable.
There are in fact, three categories
of defects that can be used during a product liability claim:
- Design defects
refer to defects that are inherent to the design of the entire line of product - so any product manufactured based on this design will be unreasonably dangerous.
- Manufacture defects
refer to defects that occurred during the manufacturing process of the specific product.
- Defects in marketing
or Inadequate Warning
refer to the lack of proper warnings and instructions regarding the latent risks associated with the use of the product.
When to Contact a Product Liability Lawyer?
Knowing all about product liability claims is not a common skill. In fact, there are so many rules and regulations that guide such legal actions that many people decide to go through a law firm.
What are some benefits of hiring a product liability attorney in Denver?
A product liability lawyer is a type of civil litigator who practices in the field of tort law or injury law. It is a lawyer who legally represents people who have allegedly suffered a physical or psychological injury through the careless and negligent actions of a specific party. Product liability attorneys often file the claim against the responsible parties.
Additionally:
1. They offer free consultations
Most law offices offer free consultations as part of their services. By booking a call or an appointment with a product liability lawyer in Denver, you will get the chance to learn more about your rights regarding the claim. You will also be able to receive relevant and valuable advice on the various actions you can take.
This free consultation will most likely help you determine the best course of action to ensure the success of your case.
2. They know the law
As mentioned earlier, in Colorado, the two types of claims that can be made are based on either negligence or strict liability. And because of the lack of federal product liability law, the safest way to ensure that your claim is backed with all needed documents and information is to hire a product liability lawyer in Colorado.
They have knowledge of important laws such as statutes of limitations, which defines the maximum amount of time after the injury within which your claim can be initiated. They also have knowledge about local laws and regulations that might not be commonly known. On top of that, they are fully aware of the various tactics insurance companies tend to use in order to minimize their company’s liability.
By hiring a product liability attorney, you will benefit from the knowledge they have accumulated over time.
3. They have relevant experience
Another advantage of hiring a product liability attorney in Denver is that they have the needed experience to find the best solutions for your problems.
Because they are familiar with cases involving various damages ranging from mild or severe injuries (such as brain injury) to wrongful deaths, they can easily value the damages caused by defective products. They have more experience in this field and can, therefore, think of the bigger picture.
In fact, people often fail to take into account the on-going effects of a personal injury. The role of the product liability lawyer is to make sure that every damage caused by the product, be it short, mid, or long-term will be assessed and taken into consideration.
4. They have your best interest in mind
Hiring a Denver product liability lawyer will not only give you some peace of mind but also contribute to your protection and overall well-being.
By having a skilled and experienced knowledge worker by your side, you can trust in their abilities and determination to win your case. After all, their main goal is to bring you justice.
Do you have a product liability claim?
If so, then we are here to help you win your case. Please
contact us
to book your free consultation.
