Defective and unsafe products hurt millions of consumers every year, often causing severe injuries or even death. Every year, the United States Consumer Product Safety Commission (CPSC) recalls approximately 400 products. When a dangerous or defective product is released to the public and causes serious injury, the innocent victim is entitled to compensation for their economic and non-economic damages. If you are a victim of a defective product, contact our attorneys at the Bendinelli Law Firm. Our Denver product liability attorneys help people who have been injured by dangerous or defective products get the compensation they need and deserve.
If the consumer uses a product in the way it was intended by the manufacturer and according to the instructions, the consumer has the right to assume that the product is safe. There are regulations and laws that govern manufacturers for the following products:
Consumers who have been injured by the reckless or negligent actions of these manufacturers have little recourse to recover damages unless they file a product liability claim.
There are several ways in which a product may be considered defective or dangerous.
If the product’s design is faulty, the entire line might be considered dangerous, and the manufacturer may issue a recall of these products.
There may be a flaw in the manufacturing process resulting in a limited number of defective and dangerous products in an otherwise safe product line.
A manufacturer may be held accountable if they fail to warn a consumer of likely hazards and improper use that leads to injury or death.
Manufacturers relentlessly fight against regulations that protect consumers’ rights, and it takes an experienced and knowledgeable defective product lawyer to protect your rights.
A product liability claim can not only get you the compensation you deserve for your injury, but it also provides an incentive for the manufacturer to either correct the problem with their defective product or discontinue producing the dangerous product.
Call the Bendinelli Law Firm at 1-800-ATTORNEY to request your free consultation with one of our Denver defective product attorneys.
Unfortunately, a defective product can cause catastrophic and life-threatening injuries, even if you used the product according to the manufacturer’s instructions.
Examples of injuries caused by defective products include:
Some injuries can cause permanent impairments and disabilities. The negligence and wrongdoing of a large corporation or manufacturer can change your life forever. Our Denver product liability lawyers fight to get you the money you need to continue to recover after a defective product injures you.
The value of your product liability claim depends on many factors, including the severity of your injury and your financial damages. We work to maximize the amount of money you can receive for your claim.
Most victims are entitled to compensation for their economic losses and non-economic damages. Damages in a defective product injury claim include:
Our Denver product liability lawyers at the Bendinelli Law Firm will work with you and your doctors to document your damages. You can help us by keeping copies of all receipts and bills you receive.
Creating a journal with notes about your pain, suffering, and struggle to recover from your injuries can also be helpful. You can include notes about how your injuries impact your relationship with others, your daily pain level, and tasks and activities you cannot perform because of the injuries.
It is crucial to understand that there is a limited amount of time to file lawsuits against product manufacturers, retailers, or other companies involved in a defective product claim. The statute of limitations is very strict for these situations.
Overall, victims of defective products have a two-year window with which to file a lawsuit against the alleged negligent party, whether that be a company, manufacturer, or retailer. The two-year clock will not begin ticking until after a person discovers that a defective product caused their injury. However, there is a seven-year statute of repose in place for actions against sellers and manufacturers of new manufacturing equipment. This means that regardless of when an injury was discovered to have been caused by a defective manufacturing product, the claim cannot be filed beyond seven years after the product was made.
Finally, there is a 10-year rebuttal presumption for all other products. This means that if the product was manufactured more than 10 years ago, it is presumed to have NOT been defective when it was sold, thus challenging any new injury claims arising due to the product.
The statute of limitations for defective product claims in Denver can be challenging to understand, and we encourage you to reach out to a skilled attorney for assistance immediately.
When we examine Colorado Revised Statutes 13-80-106, we can see that there is a strict liability standard applied to these claims. This means that the victim does not necessarily have to prove that the product manufacturer, retailer, or company was negligent from a legal standpoint. The intent of the manufacturer does not matter.
So long as a product was defective and the plaintiff suffered an injury and damages, then legal liability for the damages falls to the manufacturer. This is different from how most personal injury claims in the state operate, where plaintiffs have to show that the negligent party’s negligent actions directly or indirectly caused the injuries to the plaintiff.
However, just because there is a strict liability law in place for defective product claims in Denver does not necessarily mean that the case will be easy to win. You still need to work with a skilled product liability lawyer in Colorado who can fully examine every aspect of the situation and determine what happened. These claims can get very complicated, particularly when well-funded companies and insurance carriers push back.
Seek immediate medical attention. Call 911 if your injuries are severe or go directly to the emergency room. Make sure to tell the physician that a product caused the injury. Include the exact name of the product when you describe what happened to the doctor.
Preserve the defective product, if it is safe to do so. Put all of the pieces in a safe container. Make sure to keep the box, packaging, and instructions. If you are not sure if it is safe to store the item, check with the fire department or other experts.
Do not discuss the accident or your injuries with the company, its insurance company, or their attorneys before talking to a lawyer. Something you say could hurt your claim. Insurance claims adjusters and defense lawyers are incredibly well-trained and skilled in getting people to say things that may not mean.
As soon as possible, contact our Denver product liability attorneys for a free consultation. We explain your legal rights to you, so you can decide how you want to proceed regarding a personal injury claim. If you retain our firm, we handle all aspects of your case, including notifying the liable parties of your claim, investigating the cause of your injury, and hiring experts to assist with the case.
The product liability attorneys at the Bendinelli Law Firm have the understanding, knowledge, and experience necessary for these complex product liability cases. We want you to concentrate on the important things: regaining your health and returning to your day-to-day life, while our attorneys take care of the complicated legal issues and deal with the manufacturer and their insurance company.