What Is the Product Liability Law in Colorado?

A Denver product liability claim may arise when a defective product causes serious harm to a consumer. Throughout the country, defective products lead to millions of injuries every single year, resulting in medical bills, lost wages, and additional damages for injured victims.

In some situations, these products result in long-term disabilities that make it impossible to work or live life as you once did. The most tragic incidents cost people their lives. Because these products can cause harm, consumers must understand their right to pursue compensation for the costs and hardship associated with their injuries.

If you believe you may have a Denver product liability claim, Burg Simpson is here to help. Our team understands the complexities and nuances present in product liability claims, and we can help maximize your compensation for the damages you have sustained.

For a FREE and confidential case evaluation, call Burg Simpson today at 303-792-5595. Our product liability lawyers serve clients in Denver, Englewood, and throughout Colorado.

What Is the Product Liability Law in Denver, CO?

Under Colorado product liability law, people in Denver and other areas of the state have the right to pursue compensation when a defective product causes injuries and damages. These damages can include both economic and non-economic losses:

• Medical bills
• Lost wages
• Loss of earning capacity
• Out-of-pocket expenses
• Property damage
• Pain and suffering

While product liability claims can apply to any type of product, some of the most common product categories that see defects include:

• Pharmaceuticals
• Automobiles
• Medical devices
• Children’s toys
• Electronics
• Appliances
• Tools & equipment

In cases where a defective product leads to the loss of a loved one, surviving family members may be eligible to recover compensation through a wrongful death lawsuit for damages such as funeral expenses, medical bills, pain and suffering, loss of consortium, and more.

What Are the Most Common Types of Product Liability Claims?

Not all product liability claims are created equal, in large part because there are different types of product defects that can warrant a claim.

There are three main categories of defective products:

• Design defects occur when the very design of a product makes it more dangerous than it should be. For example, a children’s toy that easily breaks and poses a choking hazard would fall into this category.
• Manufacturing defects arise when a product’s design is sound, but an error in the manufacturing process—such as the use of substandard materials or lack of quality control—creates a dangerous defect.
• Failure to warn applies to situations where consumers are not adequately warned about a danger inherent in a product. An example would be a corrosive cleaning product that is not labeled correctly and leads to a burn injury.

Product liability claims can also extend to issues such as assembly defects. For example, if a hardware store provides free assembly of a new grill but assembles it improperly—creating a risk of a gas leak or explosion—the store could be held liable if a consumer is injured and suffers damages.

How Do You Prove a Denver Product Liability Claim?

Most product liability claims are handled under the standard of strict liability. This means claimants do not need to prove negligence on the part of a manufacturer—only that the product was defective, that it led to injuries, and that these injuries resulted in damages.

The first step is determining the nature of the defect, whether it was caused by an error in the design, a manufacturing process, improper labeling, or a separate issue. This generally entails an investigation into the defective product and the injuries it caused.

Some of the key components often needed when proving product liability claims include:

• Expert testimony from product experts who can speak to the proper design or manufacture of a particular product
• Witnesses with insider knowledge of a manufacturer’s processes, including any disregard for consumer safety
• The defective product itself, along with clear documentation of the injuries and damages it caused

When you are able to clearly show that the product was defective and establish liability on the part of the manufacturer or another party, you will have the foundation of a product liability claim.

What Is the Statute of Limitations on a Denver Product Liability Claim?

Like most personal injury claims in Colorado, claimants typically have 2 years from the date of injury, death, or property damage to file a Denver product liability claim. If you attempt to pursue compensation after these 2 years have elapsed, your case will not be heard.

While there can be exceptions to this rule, such as when someone is not immediately aware that a product is causing an injury or illness, it is best to speak with a qualified Colorado product liability lawyer as soon as possible to review the details of your claim.

This not only ensures we are able to file a lawsuit within the statute of limitations but also allows us to collect evidence and begin building a case as soon as possible.

How Can Burg Simpson Help?

Denver product liability claims are complex—not just because of how difficult it can be to prove that a product was defective, but also because you are generally up against large manufacturers or retailers. These companies typically have teams of lawyers ready to fight your claim.

At Burg Simpson, our goal is to even the playing field by giving you the legal support you need to go up against these corporations and win.

Some of the most important ways we support victims of defective products include:

• Performing a thorough investigation to gather evidence and determine the root cause of the defective product
• Establishing liability on the part of the manufacturer or another party
• Negotiating with insurance companies to reach a fair settlement offer
• Recruiting expert witnesses who can testify about how and why a product is defective
• Filing a lawsuit and representing you in court if the insurance company refuses to offer a fair settlement

Ultimately, our goal is to maximize the compensation you obtain by holding the liable party accountable and making sure you do not suffer further.

Contact a Denver Product Liability Lawyer Today

Over the past 45 years, the lawyers at Burg Simpson have recovered over $2 billion in settlements and verdicts for our clients. We do this because we care about obtaining justice for injured victims. Combining our local clout with our national strength, we are able to offer clients the dedicated, resourceful legal support they need to ensure their rights are protected.

Our confidential case evaluations are always FREE, and we only charge for our services if and when we win compensation on your behalf. To discuss your Denver product liability claim with our Colorado team, call today at 303-792-5595 or reach out to us online.