Colorado Product Liability Attorneys
Colorado Product Liability Law
According to product liability law, individuals injured by a product can sue for redress, provided that certain requirements are met. Essentially, there are three basic kinds of liability cases. One type of case involves negligence; the second type of case centers-around "strict product liability"; and the third type of case involves "breach of warranty."
- Negligence: consumer products are supposed to be safe to use. If manufacturer or designer negligence resulted in injury, damages, or death, you may have a case. Examples of negligence might include: an auto manufacturer fails to do quality control and installs a defective brake system in your car. Or a toy distributor accidentally packages the wrong kind of toy in a box, and your child opens the toy and gets cut by a sharp edge contained in it.
- Strict Liability: with negligence cases, you need to show that the manufacturer was somehow aware of a danger but ignored it. With strict liability cases, on the other hand, the defendant is responsible for damages regardless of whether or not he or she knew of the danger.
- Breach of Warranty: manufacturers, distributors, and retailers can have both implicit and explicit guarantees on their products. Products should be free of defects. If defendants breach this obligation, they can be held liable for damages and injuries caused by the use of the product.
Product defects have been known to take on a variety of forms, including:
- Defects Resulting from Bad Design: if a product is not designed to be safe for consumer use, it somehow makes it through the quality control and manufacturing process, and it then causes injury to a person or a class of persons, the designer can be held liable for damages.
- Defects Resulting from Bad Manufacturing: sometimes a defect arises during the instantiation of a good design. For instance, a warehouse may ignore good quality control procedures or may package materials that turn out to be toxic to consumers. In this case, the manufacturer will be the target of your liability lawsuit.
- Bad Instructions or Warning Labels: in this third type of defect case, the issue pertains to ineffective warning labels or instructions. For instance, if you buy a piece of gardening equipment, and the warning on that piece of equipment fails to warn you of a specific danger when handling/using the product, then the manufacturer of the item can be held liable for failing to properly warn consumers of the danger via warning labels on packaging.
Do you think you have a product liability case against a manufacturer or designer? If so, it may behoove you to get legal representation as soon as possible. Before committing to a course of action, connect with Attorney Timothy Bussey today at 719-475-2555, or via our online contact form for a free consultation about your product liability matter.
Colorado Springs personal injury lawyer Timothy Bussey at The Bussey Law Firm, P.C. in Colorado represents clients in Colorado Springs and throughout El Paso County, including the cities of Fountain, Manitou Springs, and Monument.
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
Phone: (719) 475-2555
Fax: (719) 475-0046