Companies have a strict responsibility to develop products that are safe for their intended use. These manufacturers must produce products with appropriate design and manufacturing oversight while also providing customers with adequate instructions for safe use. That said, state law allows injured people to hold manufacturers responsible for failing to warn consumers about potential hazards.
A Denver failure to warn lawyer can help pursue your claim when a product’s manufacturer has not provided proper instructions for safe use. Our representatives at Roberts Markland LLP can investigate what led to your injury and compare your actions to the instructions provided. If those instructions were inadequate, a skilled defective products attorney can pursue appropriate compensation from a manufacturer to cover your losses.
State law requires manufacturers to ensure consumer safety by providing customers with instructions that, first, demonstrate how to properly use a product and, second, warn them about potential hazards associated with the item. When an injured person can prove a manufacturer did not provide proper instructions for the safe use of its products, they can demand full compensation for their losses.
All civil claims must involve a physical injury. Often, these injuries require medical care. In some situations, a single emergency room visit can justify a civil claim. Regardless of how much medical treatment an injured person requires, a manufacturer found responsible must pay for their hospitalization, surgery, and rehabilitation expenses.
An accident can also affect a person’s life in other ways: an injury may inflict substantial pain; reduce a person’s quality of life; or force an injured person to lose out on income, if they cannot return to work or must endure a permanent disability. A hardworking attorney in Denver could build a powerful case centered around a failure to warn about the dangers of a product.
The lack of a specific warning does not automatically make a product developer responsible for a user’s injuries, though, and manufacturers have many potential defenses against such claims. For example, a company might argue an injured party’s use of the product was unreasonable, such as when a person stands on a kitchen chair to change a lightbulb. If the person claims the chair collapsed or tipped over, the manufacturer will likely argue the person did not use it properly (by standing on the chair instead of sitting on it).
In some situations, manufacturers may argue a user’s carelessness caused the injury. Colorado Revised Statutes Annotated § 13-21-111—the state’s comparative negligence law—states defendants can argue an injured party’s own actions contributed to an accident. Were the court to accept this argument, it will reduce the award by the percentage that the injured person was at fault. In addition, if the court believes the injured party was more than 50 percent at fault, it will not award any compensation at all.
According to Colo. Rev. Stat. Ann. § 13-80-106, people injured due to a defective product have only two years after an accident to demand payment. An attorney could help pursue suitable compensation in a timely manner, as well as refute allegations involving supposed improper use or careless behavior.
Failures to inform customers about the dangers associated with a product are a leading cause of personal injuries. Colorado law states a manufacturer that does not provide proper warnings is liable for all resulting negative consequences, including necessary medical care, lost income, and diminished quality of life.
A Denver failure to warn lawyer may be able to help you collect these payments. Legal representatives with our firm can evaluate a product developer’s warnings about a product, determine if the manufacturer contributed to your injuries, and pursue proper compensation both in negotiations with an insurance company and out of court. Speak with us now to get started.