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We expect the products we buy every day to be safe, but that is unfortunately not always the case. When poor product design, production errors, or a lack of necessary warnings leave people injured and harmed, a Broomfield product liability lawyer could step in and help.
If you believe a faulty product has caused your injury, you can reach out to our dedicated and experienced personal injury attorneys to discuss your case. We could assess the situation and advise on next steps to secure compensation for medical expenses, lost wages, and pain and suffering.
Under Colorado Revised Statutes § 13-21-401 to 13-21-406, the state lays out legislative guidelines for product liability. These laws establish definitions that are important to understanding product liability more broadly.
Perhaps the most important thing to know is the concept of strict liability. This means that the injury or harm does not require intent. Even if the product manufacturer did not intend to hurt people, they are still responsible for defective and unreasonably dangerous products.
As part of the product liability case, the injured party will need to provide evidence. This evidence can include industry safety standards to demonstrate reasonable expectations, government regulations surrounding product safety, and internal documents from the manufacturer to demonstrate their safety procedures and level of knowledge. A product liability lawyer may even subpoena internal documents and interview industry experts.
If you have been injured by a defective product and want to hold the manufacturer accountable, contact Arckey & Steele, Attorneys at Law.
Before pursuing legal action against the at-fault party, it is important to understand what compensation you may be entitled to based on the facts of your case.
In a product liability case, the injured party is allowed to seek compensation for a range of damages. These include any medical expenses related to the injury, property damage caused by the defective or dangerous product, lost wages, and pain and suffering. In rare cases where the negligence is especially egregious, the injured party may be able to seek punitive damages against the manufacturer.
Another important aspect of the product liability legislation is the comparative fault rule. This means that if the injured party is found to be partially at fault for their injury, they may still be eligible to recover a portion of the damages. If they are found to be more than 50 percent at fault, they cannot collect compensation. However, if they are less than 50 percent at fault, their compensation will be reduced by the percentage of fault. For example, if someone is found to be 20 percent responsible for the injury, they will receive 80 percent of their compensation.
The outcome of your product liability case will heavily depend on the specific circumstances, the evidence available, and how well your Broomfield lawyer can demonstrate the manufacturer’s level of fault.
Typically, injured individuals have two years from the date of the injury to file a product liability lawsuit. If the extent of the injury was not known until later, they may have two years from the date they discovered, or reasonably should have discovered, the damages to file a claim. This is why it is crucial to consult a product liability attorney as soon as you are injured in Broomfield.
A Broomfield product liability lawyer could review your case and determine the best course of action. In the early stages, we could work with you to gather evidence and interview experts to ensure that you have a strong case. From there, we could negotiate with the responsible party in an attempt to get a settlement for your damages. If a settlement agreement cannot be reached, we are prepared to represent you in court and fight for the compensation you deserve.
If you have been injured by a faulty or dangerous product, we are here for you. Reach out to us today to get started.