Defective Products
When you purchase a product, you have the right to expect that product to perform according to manufacturer specifications and your own reasonable expectations, not in a way that presents an unfair and unexpected safety hazard. When a product is defective and results in an accident, you have a right to be compensated for any injury you suffer, lost wages, and other losses and damages. This requires filing a product liability claim, and that’s where the Denver product liability lawyers at Whalen Hersh LLP can help you. A defective or unreasonably dangerous product is one which poses an unreasonable danger for causing physical harm through ordinary use. You may have purchased the defective product for personal use, it may have been supplied to you by another party, or it could be one that you use at your place of employment.
A product can be rendered defective because of several factors:
- Flaws in Design: The burden of proof is placed upon any plaintiff or any Denver product liability lawyers who bring a claim based on design flaws in either the product or product packaging. This means they must prove the existence of a design defect. The defect shown could be caused by a failure of adherence to industry standards during the design process.
- Manufacturing Defects: Manufacturing defects can occur in a variety of ways, including defects in the materials used in the products, defects in the machinery used to create the products, or defects in design communication. When a Denver product liability lawyer discovers a manufacturing defect, the defect presents unreasonable danger towards consumers.
- Abnormal and Unreasonable Wear and Tear: Defects can occur during transit within the manufacturing chain. It is the responsibility of any party within the manufacturing process to exercise due diligence.
- Flaws in Marketing: Failure to provide adequate warnings or instructions regarding proper use of the product is also defined as a product defect. Any device that presents any dangers or potential dangers to the general public must state so clearly when the product is being purchased. Marketing flaws are one of the many points investigated by Denver product liability lawyers when representing a plaintiff in a defective product case.
Case Results
All types of products can be considered dangerous or defective, including electronics, baby products, household appliances, toys, sporting equipment, camping gear, automobiles, medical devices, and certain pharmaceutical products. Make sure you get compensation for your injuries or loss and contact a Denver product liability lawyer.
Who Is to Blame?
When a plaintiff and their defective product attorney bring a claim against a product, there are several parties which become involved in the claim, depending on the manufacturing and distribution of the product. Liability is often placed upon all parties involved in the chain of product manufacturing, including:
Component Part Manufacturers: This party is at the top of the manufacturing chain. Oftentimes, even if a product is put together in one country or by a single company, the parts are outsourced, or manufactured in a different country.
Assembling Manufacturer: This is the party, a company, corporation, or individual that assembles the components into a single device.
The Wholesaler: This refers to the party, a company or corporation, which compiles the devices and reaches out to retail stores for distribution. Some devices, created by individuals, are sold straight to the customer, and will not have a wholesaler in their chain of manufacturing.
Retail Store Owner: At the bottom of the manufacturing chain is the store where the product was purchased. All the above parties potentially have a part in a products defection, and when a claim is brought, our Denver product liability lawyers investigate each of these steps to pinpoint the responsible party for the defect.
More On the Burden of Proof
Colorado State law currently states that when a defective product claim is brought to court, it is the responsibility of the plaintiff and their Denver product liability lawyer to bring proof of the products defect before the court. This proof must establish that the product has a defect that makes it unreasonably dangerous once the consumer took possession of it. The term “unreasonably dangerous” means that the product is more dangerous than a general user should expect it to be and can cause injury or damage that was not warned of within the manufacturing and marketing chain.
Defects can be proven in a variety of ways: by pointing out design flaws, faulty manufacturing, inadequate warnings, or instructions for the product, or even an inability to meet the user’s reasonable expectations. The plaintiff or Denver product liability lawyer must also provide substantial evidence that the product was not tampered with in any way by the plaintiff that may have affected the risk of defect. Additionally, the product must have been used in the intended manner. Should a product cause injury, damage, or death, the plaintiff and defective product attorney must bring the claim within a two-year period of time.
Product Liability and Tort Law
Much of the law surrounding product liability is similar to and even based off of tort law, which our Denver product liability lawyers are familiar with addressing and dealing with in these cases.
Product defects are generally unintentional. More commonly, a product defect has occurred from an oversight somewhere or poor judgment in the manufacturing process or chain of operations and manufacturing. When a plaintiff and Denver product liability lawyer bring a claim to court, the lawsuit is treated as a tort claim.
What this means is that when a product defect has caused a personal injury or personal property damage the company or corporation at fault and their insurance company become responsible for all the plaintiff’s harms and losses – if liability is established in the case. The injured party is still required to seek the care they need but the at-fault party (and/or their insurance company) is held responsible for compensation of these damages. For top representation in the courtroom, look no further than the professional Denver product liability lawyers at Whalen Hersh, who are leading attorneys in both product defect law and tort law.
Why Choose Whalen Hersh LLP?
At Whalen Hersh LLP, our Denver product liability lawyers establish meaningful, direct, trusted, and reliable relationships with all of our clients, and work to secure product liability settlements that are fair and equitable. We have obtained millions of dollars in settlements for our clients. We work closely with you, our client, to ensure that you receive any medical attention necessary, the support you deserve, and the representation you rely on when a defective product causes harm.
If you or a loved one have suffered injury as a result of a defective product accident, you may have a legal right to seek compensation for your losses and damages. If that’s the case, you’ll need a team of experienced Denver product liability lawyers to pursue a claim or civil lawsuit against the parties responsible for the defective product. We take pride in being recognized as Colorado Super Lawyers, Top Attorneys in Colorado by 5280, Top Forty Under 40 by the Denver Business Journal, Best Attorneys of America (RUE), and The Nation’s Top 1% by the National Association of Distinguish Counsel. Our lawyers are also listed by the National Trial Lawyers Association (NTL) as some of the Top 100 Trial Lawyers in the Nation and Top 40 Under 40 Trial Lawyers in the Nation.
Contact Us
When you need an aggressive, experienced, and compassionate team of Denver product liability lawyers, with a proven track record of success who will fight for your best interests, contact us today. We are happy to offer you a free consultation with one of our defective product attorneys to discuss your legal options. If you are due financial compensation, our team of attorneys are ready to provide you with complete and diligent legal representation in pursuing your claim. You can contact us locally in Denver by calling (720) 307-2666 today to learn more. Our offices are conveniently located in the Denver Tech Center at 7955 East Arapahoe Court, Suite 2375, Centennial, CO 80112.