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.
To best understand how product liability cases work, you should know a few terms and their meanings.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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:
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.
At Hull & Zimmerman, P.C., 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.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More
$1,250,000.00 –awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries.
$1,200.000.00 –awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis.
$450,000.00 –settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement.
$425,000 –awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier.
$300,000.00 –settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air.
$300,000.00 –settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager.
$250,000.00 –awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job.
$250,000.00 –settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit.
$150,000.00 –settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury.
$125,000.00 –settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino.
$75,000.00 –awarded to a woman who suffered a rotator cuff tear from an automobile accident.
Easy
to talk to. They made my experience very comfortable through my whole journey.
My heartfelt gratitude goes out to the whole staff at Hull & Zimmerman. Thank
you
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– R. Hamilton
I
would just like to send a “thank you” to you and your staff. You have been the
most professional and efficient law office if have ever dealt with. I will
continue to tell people about the wonderful job you have done for me and my
family. Mr. Zimmerman you are the most professional lawyer and I truly
appreciate all you have done. Again Thank you
– D. Hassoun
would
just like to send a “thank you” to you and your staff. You have been the most
professional and efficient law office if have ever dealt with. I will continue
to tell people about the wonderful job you have done for me and my family. Mr.
Zimmerman you are the most professional lawyer and I truly appreciate all you
have done. Again Thank you.
– Jason B.
I was
injured in a fall and the nightmare began. I found Mike Zimmerman on the
internet, read his background history and contacted his office. The Office Staff
was wonderful, patient, and helpful, even though I was probably a pain to them.
Mike is a no nonsense kind of guy. He will tell you exactly what he feels about
your case and will not sugar coat it. You will know exactly what to expect and I
appreciated the honesty! I would recommend Mike to anyone who has their life
spinning out of control because of an accident. He help me get my life back.
– Mary T.
Working through divorce and custody issues is an extremely difficult and
emotionally trying experience. Mike Zimmerman represented my interest in a
highly professional manner and protected my rights as a parent at a level that
exceeded my highest expectations. This firm’s expertise, ability and
professionalism earned my respect as well as my continued business for any legal
issues I encounter in the future.
– Michael D.
We
came across mike Zimmerman when we were involved in an accident awhile back, we
had been negotiating with the insurance company for some time and getting
nowhere with a settlement. Never knowing Mike Zimmerman when we had gone and
seen him it really surprised us that he made us feel right at home and that he
was really concerned for his clients. Mike was very upfront with us a our
lawyer, and advised us every step of the way. His associates were very
professional and office personnel was very friendly also. Mike got almost double
the settlement we were expecting and we just were very satisfied and would
highly recommend him to anyone that needs a good honest lawyer.
– Clarencec & Joy W.
We
were hit by an uninsured driver in 2006 and my husband was unable to work for
some time. Initially our own insurance really didn’t want to help us. On the
recommendation of a friend, we contacted Mr. Z and with his advice, suggestions
and hard work, we were able to get the what we needed from our insurance to help
us with our bills and medical costs. His staff was very patient with us as well
and was always available to reassure us and to answer our questions. We hope
nothing like this ever happens again, but if it was to happen, we would contact
Mr Zimmerman in a heart beat.
– G. & B O.
Rick –
Smart and nice! We were nervous and Rick put us at ease. Kept us informed. Never
thought we made a bad choice. Also, the first time I called, I talked to
Rick…impressed us very much.
– D. & S. Bratrovsky
Exceeded expectations!
– T. Thiel
I
liked the fact that I was kept up to date throughout the process. When the
accident first happened, Rick went to bat for me right away to make sure that I
was compensated for my loss of transportation. The end result in my case
exceeded my expectations and I was very pleased.
– D. Hughley
I
appreciated the effort Rick Hull presented during the difficulties that occurred
throughout the settlement and following. I felt completely at ease during the
whole process.
– Michele Wolf
I
appreciated the fact that Rick Hull always explained everything to me. No matter
how insignificant I thought the question was, he encouraged me to ask and was
very patient when I didn’t understand some aspect of the legal procedures. I
also appreciated the fact that Rick was a real person, he wasn’t stiff or
unapproachable. He was easy to talk to, to understand, and get along with. In
addition, he explained certain aspects of Colorado law thoroughly to me so that
I could make an informed decision that best suited my needs.
7:00 pm
April 6th, 2023