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Navigating Product Liability Matters in Colorado…  

As consumers, we all expect the products we buy to be safe and in working condition, and in most cases, this proves true. However, there are instances where the products purchased are defective and dangerous, causing harm to the user. When this occurs, there may be a case for product liability. Product liability matters state that a product did not follow through on its promise to work as intended resulting in injury to the user. Product liability claims generally include matters pertaining to a defect in the product’s design, a manufacturing defect, or a failure to provide warnings or instructions. When this occurs, the manufacturer can be held liable. This post covers all you need to know about the process and your rights when filing a product liability claim in Colorado.

Terms Associated with Product Liability Matters

To best understand how product liability cases work, you should know a few terms and their meanings.

Tort law

A tort proceeding is a civil matter that causes the victim to suffer loss or harm due to another’s negligent actions. These matters often result in the committer of the act being held accountable or legally liable.

Statute of limitations

The statute of limitations refers to the amount of time you have to make a personal injury claim. In Colorado, the statute of limitations for product liability is generally two years from the date of injury, death, or property damage.

Burden of proof

Typically, proving the product was faulty and led to harm lies with the consumer (the person bringing the matter against the manufacturer). The consumer must show that the defendant had a duty of protection, breached that duty, and the result was harmful to them or another.

Duty of care

The duty of care is the legal obligation we all have to act with reasonable care, defined by what other reasonable people would do or not do in the same situation.

Types of Product Liability Claims

To prove your product liability case in court, your attorney must prove actions based on negligence, strict liability, or breach of warranty. In each claim, you need to show that the product was dangerous and caused injury, illness, property loss, or other forms of harm.

Claim for negligence

A negligent act is the failure of a person, organization, or business to behave responsibly or without reasonable care afforded to another. We all have a duty to prevent harm through action or inaction, and if we don’t perform that duty and someone is injured or harmed, there is a case for negligence. This kind of claim requires the consumer to prove that the manufacturer failed to exercise reasonable care in the design, manufacture, or sale of the product. To prove negligence, the consumer must show that the manufacturer failed in its duty of care to the consumer, resulting in harm.

Claim for strict liability

In Colorado, the legal standard regarding an unsafe product is strict liability. This means that even if a manufacturer did not intend to cause harm or damage, it can still be held accountable, and the consumer does not have to prove fault or international negligence by the manufacturer. If the product is defective and harm is the result, the manufacturer can be held liable, and the consumer can recover damages.

Claim for breach of warranty

When a product does not work as intended, the manufacturer can be held liable for breach of warranty. Each product comes with an unwritten, implied promise that it will function in a specific way. Safety, quality, and performance are assumed, and when a product fails to live up to those expectations, you may have a breach of warranty claim.

Making a Product Liability Claim in Denver

If you have been injured by a defective product, working with an experienced product liability lawyer will help ensure you understand your rights and get the damages you’re due. Damages usually amount to financial compensation for the following:
  1. Medical expenses, both current and ongoing
  2. Lost wages
  3. Property damage
  4. Pain and suffering
In some cases, consumers may also be able to recover punitive damages, which are designed to punish the manufacturer for particularly egregious conduct. This can lead to widespread product recalls. Product liability law in Colorado provides important protections for consumers and holds manufacturers responsible for the harm caused by their products. Read more about product liability:
  1. Dangerous Childcare Products & Toys
  2. Defective Pharmaceutical Products
  3. Defective Trailer Hitches
At Hull & Zimmerman, we fight for you, gathering the evidence necessary to prove your case, negotiating with the manufacturer or their insurance company, and representing you in court, if required. Contact our Denver product liability attorneys, and let’s get you the justice you deserve.

What to Know About Pedestrian Accidents in Colorad…  

Colorado is one of the sunniest states in the US, even sunnier than Florida. It also boasts an active population of joggers and walkers. Denver is well known for its walkable downtown, which has over 1300 crosswalks to keep its vast amount of pedestrians safe. With all this sun and its walking access, yearly outdoor activities are a way of life. Even in the winter, employees are walking to work, runners are breathing in the fresh mountain air as they put in the miles, and skaters, bladers, and scooter riders are taking up space on the streets and sidewalks. But, too many have paid the ultimate price for that energetic lifestyle. Pedestrians are considered those who are on foot or use a conveyance that’s not a bicycle, and drivers often have a tumultuous relationship with them. When the relationship isn’t respected, pedestrian accidents are the outcome, leading to serious injuries and loss of life. There were 92 Colorado pedestrians killed in 2021. Whether you’re a routine pedestrian, a routine driver, or both, understanding how to navigate the congestion of the city roadways or the unpredictability of the winding mountainous roadways is essential to your safety and the safety of those around you.

Do Pedestrians Always Have the Right of Way?

You’ve heard that pedestrians are always right, but the truth is that’s not always the case. And even if the jogger does have the right of way, getting hit by a car isn’t a great way to prove the point. In Colorado, pedestrians can be held accountable for causing an accident. Like drivers, pedestrians have laws to follow, and vigilance must be the standard. Running into traffic, crossing outside of the crosswalk, and walking or riding on roads that don’t allow pedestrians will generally find the pedestrian at fault if an accident is the outcome.
    1. The Colorado driving handbook details right-of-way as follows:
    1. “Where vehicles or pedestrians meet one another, and there are no signs or signals to regulate traffic, there are rules that say who must yield the right-of-way. These rules tell drivers who goes first and who must wait in different traffic situations. The law states who must yield the right-of-way; it does not give anyone the right-of-way, even if your traffic signal is green. You must do everything you can to prevent striking a pedestrian or another vehicle, regardless of the circumstances. Pedestrians: When driving, you should yield the right-of-way to pedestrians under all conditions. Be particularly watchful for children, elderly and blind persons. Most blind persons are easily recognized by the white cane they carry and/or by their guide dog. Pedestrians have the right-of-way at all intersections and crosswalks. Drivers must come to a complete stop and let the person pass safely.”

Types of Auto and Pedestrian Accident Damages

There are three kinds of damages you may be entitled to after a car vs. pedestrian accident in Colorado.

Economic Damages

Lost income and property, as well as bills associated with the vehicle accident, may be distributed to the victim, including future financial losses.

Non-Economic Damages

Losses not involving money, such as pain and suffering, stress, physical discomfort, anxiety, depression, and an overall loss in quality of life, may be considered when determining damages.

Punitive Damages

If one party was intentional in their dangerous actions or had a disregard for the safety of others, the victim may receive punitive damages on top of other compensation. If the victim sustains a bodily impairment such as disfigurement, a chronic brain injury, or the accident caused death, those factors will be considered when determining compensation.

How to Keep Pedestrians Safe

Both drivers and pedestrians should always use common sense when on or near roadways, avoid distracted driving or walking, and never drive, walk, or run while under the influence or while tired. These are just a few tips for being smart and safe on the road. CDOT (Colorado Department of Transportation) took it upon itself to highlight pedestrian safety in 2022, partnering with local businesses and installing neon signs in their storefront windows. These illuminated images of a person walking are intended to remind drivers to keep an eye out for pedestrians. In 2020, CDOT started the Left Behind campaign that reminds drivers and pedestrians alike about the tangible items left behind after a fatal collision using reminders such as broken phones and lost shoes as imagery. These campaigns and other safety precautions have been designed to bring awareness to the loss of life and encourage competent, responsible driver and pedestrian habits.

Things Every Pedestrian Should Know

  1. A pedestrian can be held liable for any harm caused in a collision with a vehicle, including the driver’s medical bills as well as their own.
  2. Each accident scenario is weighed to determine who is at fault, and compensation is based on the discovery. In some cases, both pedestrian and driver are at fault, in which case the insurance adjuster will find the percentage that each is culpable and base the damages awarded on the findings.
  3. A pedestrian can file a claim against the driver involved in the accident, even if the pedestrian was in the wrong. Working with a pedestrian accident attorney will help determine whether you have a case and any next steps.
  4. Colorado offers pedestrian safety zones; these areas are meant for pedestrians alone, including sidewalks, crosswalks, and footpaths. These spaces are intended to further protect pedestrians.

Accident Attorneys Who Fight for You

It’s our business to understand and interpret Colorado's accident laws. Our legal team applies years of experience to each case so you get the best representation possible. If you’ve been involved in a pedestrian accident, you likely have a lot on your plate. You don’t have to navigate the legal system alone; we can help. If you or someone you know could use some legal guidance, contact our North Denver accident attorneys today. Read more about pedestrian accidents:
  1. Fatal pedestrian accident involved unoccupied, defective vehicle
  2. How to Avoid a Parking Lot Accident
  3. The Most Dangerous Intersections in Denver
  4. Woman found lying on west Aurora street victim of hit-and-run
  5. Tips for Being a Safe and Smart Pedestrian in Colorado

The Most Accident-Prone Vehicles…  

With populations rising, even safer cars aren’t lowering the car accident rates. So what can you proactively do to nurture your safety? Besides being a smart, responsible driver, choosing the right vehicle may help keep you out of harm’s way while on the road. Studies have found that some vehicles are more accident-prone than others. In fact, five vehicles are likely to be in an accident that’s your fault if you’re behind the wheel. If you’re in the market for a new vehicle, this article is for you.

Crash-Prone Vehicles

Safety ratings should be your primary concern when looking for a new vehicle. Safe cars can’t keep you out of an accident, but they can offer protection should you be involved in one. Avoiding accident-prone cars is an extra level of precaution for you, your loved ones, and other drivers. According to Insurify, the most accident-prone vehicles from 2021 were:
  1. Compact cars: Subaru Impreza
  2. Mid-size cars: Kia Stinger, Toyota Prius
  3. Luxury cars: Lexus CT, Infiniti Q60, Hyundai Genesis Coupe, and Subaru WRX
  4. Small SUVs: Mazda CX-3 and Hyundai Ioniq
  5. SUVs: Scion FR-6
You may find stats regarding the deadliest cars or most dangerous vehicles; however, when reviewing these numbers, be sure to understand the correlation between the number of accidents that a particular vehicle is involved in and the number of those vehicles on the road. For instance, a Newsweek article from 2021 said that the Chevy Silverado was the deadliest vehicle in the nation. It’s important to note that it’s also one of the most popular trucks to be sold in the USA. It also has a consistently high safety rating.

Follow These 3 Tips to Stay Safe While Driving

Some of the best ways to stay safe while driving is to take preventative measures.

1.  Check the Safety Ratings of Your Car Before Buying

Basing your new car purchase on safety ratings is a good way to get ahead of the accident game. When looking for a new vehicle, take this vital step before making your final decision. While most newer vehicles are considered safe these days, splurging on the extra safety features can save lives.

2.  Don’t Drive Distracted or Impaired

This means:
  1. No texting
  2. No talking on the phone
  3. No driving while tired
  4. No driving under the influence
  5. And many others
Driving is a privilege that requires your full attention, and nothing should come between you and that responsibility. Paying attention to the road sounds obvious, but a baby crying, a dog barking, and a song to turn up are all distractions. So, remember to pull over when these things take away from your ability to drive safely.

3.  Be Vigilant and Follow the Laws

If you’re not following the laws of the road, no matter how safe your car is, you’re asking for trouble. Speed limits, one ways, merging lanes, yellow lights, stop signs- all laws must be adhered to so you stay safe while contributing to the safety of other drivers and pedestrians around you.

After a Car Accident

When involved in an accident, it’s important to know all of your legal rights. If your accident was caused by another driver, you have the right to seek compensation for your injuries, medical expenses, lost wages, and pain and suffering. Unfortunately, without an experienced lawyer on your side, you may find that collecting that compensation is an uphill battle. Further Reading: Keeping Teens Safe While Driving At Hull & Zimmerman, our lawyers have the skills and resources needed to tackle large and complex car accident cases. We have gone toe-to-toe with large insurance companies and WON! We know how to fight insurance companies and protect our clients, and we collect maximum compensation whenever possible. We know injured accident victims need more than just money to pay medical expenses. They need to compensate for the loss of their paycheck, long-term care expenses, and future medical treatments as well. As such, we investigate all angles of your accident and injury to ensure that you receive all the money you need to fully recover.

Contact Our Experienced North Denver Personal Injury Lawyers

If you or someone you love has been injured in a car accident anywhere in Colorado, contact our experienced personal injury attorneys immediately. At Hull & Zimmerman, our committed personal injury lawyers are dedicated to the belief that everyone deserves justice. Contact us at (303) 710-8915 or (866) 385-3505. Our car accident lawyers have extensive experience representing injured accident victims in Broomfield, Arvada, Superior, Lafayette, Louisville, Erie, Brighton, Commerce City, Northglenn, Westminster, Thornton, Longmont, and throughout Colorado.

The Six Classifications of Workers’ Compensa…  

No matter how many safety protocols you follow while on the job, you may still find yourself getting injured due to your work. If this happens to you in Colorado, workers’ compensation may come into effect. Workers’ comp is designed to help both the employer and the employee. It’s an insurance that employers must have, designed to help their employees who become injured or ill due to work-related conditions or events. If you’re an employee who can’t work and is facing financial obstacles, understanding the kinds of benefits available will help you navigate the process to come. (more…)

Gross Negligence…  

There are many kinds of negligence that you can bring forward in a legal case, contributory, comparative, gross, and vicarious. Today, we’re discussing gross negligence. Gross negligence is one of the common cases our Denver negligence attorneys seek justice for. And in Colorado, gross negligence can lead to a premises liability lawsuit. In most cases, when you file a personal injury matter with the court, you intend to get damages (monetary compensation) for another party’s negligent actions that caused your injury or illness. In the eyes of the law, negligence must fall under specific guidelines. (more…)

Property Owners Premises Liability Responsibilitie…  

Premises Liability refers to a legal concept that holds a property owner responsible for injuries on their property. Property owners can reduce or eliminate claims against them by maintaining basic safety standards such as: (more…)

Reasons to Hire a North Denver Personal Injury Law…  

Reasons to Hire a North Denver Personal Injury LawyerWhen you’re involved in an accident due to another person or entity’s negligence, you should not have to pay the financial and accountability consequences. A personal injury attorney will help you understand your rights and get you the money you deserve. (more…)

Common Injuries After an Auto Accident…  

Common Injuries After an Auto AccidentSeveral types of injuries can happen as a result of an auto accident. Commonly, those injuries are in the neck and back. They range from mild neck pain to herniated discs to serious head trauma. These violent collisions can be debilitating and are too often life-threatening.  (more…)

Using a Smartphone While Driving, Not So Smart…  

Using a Smartphone While Driving, Not So Smart - Hull and ZimmermanMany of us are culprits of the occasional peek at our phone while sitting at the intersection or driving slow, but the fact is, even if you’re stopped or moving along at a snail’s pace, your phone should be entirely off-limits when you’re behind the wheel.  Driving is difficult enough with the usual distractions: food, music, kids, construction, etc. Adding a smartphone to the mix is not only irresponsible, but can lead to destruction, injury, and death.  (more…)

How Can a Personal Injury Attorney Help Me?…  

How Can a Personal Injury Attorney Help Me - Hull and ZimmermanPersonal injury attorneys are legal professionals well-versed in the legal field. They fight to get justice and compensation for those who have been injured, either directly or indirectly, by other individuals or entities.

First and foremost, your recovery process should be your focus. Hiring a personal injury lawyer allows you to handle those pressing concerns as your legal team deals with the legal matters. If you’ve been injured in a car accident, slip and fall, have a workers’ compensation matter, or insurance bad faith issue, a seasoned personal injury attorney will make all the difference. 



At Hull & Zimmerman Law Firm, we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.

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Rick Hull and the team at Hull and Zimmerman handled multiple cases for me with the utmost level of professionalism, capability, and results. Through the complex nature of the cases Rick Hull offered invaluable advice and guided the cases to successful resolutions that were beyond expectations. His continued aggressive representation of my best interest was truly amazing and appreciated, and the thorough, clear, and constant communication was above and beyond expectations. Rick Hull has been representing my family for two generations now and he is the first person I would ever think to call for legal needs.

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