Product Liability Lawyers

What Is Product Liability?

Product liability is the area of law that holds manufacturers, distributors, and sellers responsible when a defective product causes injury, death, or property damage. Every day, consumers trust that the products they purchase are safe to use. When that trust is broken by a dangerous or defective product, the consequences can be devastating, ranging from serious physical injuries to long-term disability or even death.

Colorado recognizes strict liability for defective products. Under this legal doctrine, an injured consumer does not need to prove that the manufacturer was careless or negligent. Instead, you must show that the product was defective and that the defect caused your injury. This is a significant protection for consumers, as it focuses on the condition of the product itself rather than the conduct of the manufacturer.

If you or a loved one has been injured by a defective product in Colorado, having an experienced product liability lawyer on your side is critical. These cases involve complex technical evidence, expert testimony, and well-funded corporate defendants. The attorneys at Anderson Hemmat have the resources and experience to take on manufacturers and fight for the compensation you deserve.

The Colorado Product Liability Act

Product liability claims in Colorado are governed by the Colorado Product Liability Act, codified at C.R.S. 13-21-401 through 13-21-406. Originally enacted in 1977, this statute defines the legal framework for all product liability actions in the state and establishes important rules regarding liability, defenses, and presumptions.

Under C.R.S. 13-21-401, a "product liability action" is defined broadly as any action brought against a manufacturer or seller of a product, regardless of the legal theory, for personal injury, death, or property damage caused by the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product. This also includes actions based on the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions.

Key provisions of the Colorado Product Liability Act include:

• Innocent Seller Protection (C.R.S. 13-21-402): No product liability action may be commenced against a seller unless the seller is also the manufacturer of the product or the part that caused the injury. However, if jurisdiction cannot be obtained over the manufacturer, the principal distributor or seller may be treated as the manufacturer for purposes of the lawsuit.

• Rebuttable Presumptions (C.R.S. 13-21-403): If a product conformed to the state of the art at the time of sale or complied with applicable government codes, standards, or regulations, there is a rebuttable presumption that the product was not defective. Conversely, noncompliance with a government standard creates a rebuttable presumption that the product was defective.

• Ten-Year Presumption (C.R.S. 13-21-403): Ten years after a product is first sold for use or consumption, there is a rebuttable presumption that the product was not defective, the manufacturer or seller was not negligent, and all warnings and instructions were adequate. This presumption can be overcome with sufficient evidence.

• Comparative Fault (C.R.S. 13-21-406): In product liability actions, comparative fault is an affirmative defense. If the injured person is found to be partially at fault, their recoverable damages are reduced proportionally. Importantly, the general comparative negligence statute (C.R.S. 13-21-111) does not apply to product liability actions. Instead, the specific comparative fault provisions of C.R.S. 13-21-406 govern.

Types of Product Defects

Product liability claims in Colorado generally fall into three categories of defects. Understanding which type of defect caused your injury is essential for building a strong case.

Design Defects

A design defect exists when the product is manufactured exactly as intended, but the design itself is inherently dangerous or flawed. In these cases, the entire product line is affected because the problem lies in the blueprint or engineering of the product. Even though the product works as designed, the design creates an unreasonable risk of harm to consumers. Examples include vehicles with a high center of gravity prone to rollovers, power tools without adequate safety guards built into the design, or children's products with small parts that pose choking hazards.

Manufacturing Defects

A manufacturing defect occurs when a product departs from its intended design due to an error during the production, assembly, or quality control process. Unlike design defects, manufacturing defects typically affect only a limited number of units rather than the entire product line. These defects can include the use of substandard materials, improper assembly, contamination during production, or failure to meet the manufacturer's own specifications. Examples include a batch of tires with weakened sidewalls due to a production error, a vehicle with improperly installed brake components, or a pharmaceutical with the wrong dosage of an active ingredient.

Marketing Defects (Failure to Warn)

Marketing defects, also known as failure-to-warn claims, arise when a product lacks adequate instructions for safe use or fails to warn consumers about known dangers associated with the product. Under C.R.S. 13-21-401, the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of a product gives rise to a product liability action. These claims are common with pharmaceuticals that lack warnings about serious side effects, household chemicals without proper safety instructions, machinery without adequate operating instructions, and consumer electronics without warnings about overheating or fire risks.

Who Can Be Held Liable in Colorado?

Under Colorado law, multiple parties in the chain of distribution may be held liable for injuries caused by a defective product. The Colorado Product Liability Act defines the scope of liability and identifies which parties may be responsible.

• Manufacturers: The company that designed and/or produced the finished product bears primary liability for defective products in Colorado. This includes manufacturers of component parts, which can be held liable for defects in their specific components.

• Distributors and Wholesalers: While Colorado's innocent seller provision (C.R.S. 13-21-402) generally protects sellers who are not also the manufacturer, distributors may be held liable if jurisdiction cannot be obtained over the manufacturer. In that scenario, the manufacturer's principal distributor or seller may be deemed the manufacturer for purposes of the lawsuit.

• Retailers: A retailer that places its own private label on a product without disclosing the actual manufacturer can be held liable as if it were the manufacturer. Retailers may also be liable if they modify the product or if the manufacturer is not subject to jurisdiction in Colorado.

• Parts Suppliers: Companies that supply individual components used in a larger product may be held liable if their specific component was defective and caused the injury.

Identifying all potentially liable parties is an important part of building a product liability case. An experienced attorney can help trace the chain of distribution and determine which parties are responsible for your injuries.

Common Defective Product Cases in Colorado

Product liability cases arise from a wide range of consumer and industrial products. At Anderson Hemmat, we handle cases involving defective products that cause serious personal injury, catastrophic injury, and wrongful death. Common types of defective product cases include:

• Defective Auto Parts: Faulty brakes, defective airbags, tire blowouts, seatbelt failures, defective seatbacks, and steering system malfunctions can cause devastating car accidents and truck accidents. These defects may cause a crash or make injuries more severe in an otherwise survivable collision.

• Defective Medical Devices: Hip and knee implants, surgical instruments, pacemakers, infusion pumps, and other medical devices that malfunction or are defectively designed can cause serious internal injuries, infections, and the need for additional surgeries.

• Dangerous Consumer Products: Household appliances, power tools, electronics, space heaters, and other consumer goods can cause burns, electrocution, lacerations, and other injuries when they malfunction or are defectively designed.

• Defective Children's Products: Cribs, car seats, toys, strollers, and other products designed for children can pose choking, strangulation, or fall hazards when they are defectively designed or manufactured. Recalls of children's products are issued regularly by the Consumer Product Safety Commission (CPSC).

• Defective Appliances and Equipment: Faulty wiring in appliances, gas leaks in furnaces or stoves, and defective industrial machinery can cause fires, explosions, carbon monoxide poisoning, and other catastrophic injuries.

• Dangerous Pharmaceuticals: Prescription and over-the-counter medications with undisclosed side effects, improper dosage information, or contaminated ingredients can cause serious health complications.

Proving a Product Liability Claim in Colorado

To succeed in a product liability claim in Colorado, you generally must establish several key elements. While the specific requirements vary depending on whether the claim is based on strict liability, negligence, or breach of warranty, the following elements are central to most product liability cases:

1. The product was defective. You must show that the product contained a design defect, manufacturing defect, or marketing defect (failure to warn). The defect must have existed at the time the product left the manufacturer's control.

2. The defect made the product unreasonably dangerous. The product must have been dangerous beyond what an ordinary consumer would expect when using the product in a reasonably foreseeable manner.

3. The defect caused your injury. There must be a direct causal connection between the product defect and the injury you suffered. This often requires expert testimony to establish.

4. You suffered actual damages. You must have sustained actual harm, such as physical injuries, medical expenses, lost wages, pain and suffering, or property damage.

It is important to note that under C.R.S. 13-21-403, if the manufacturer can show that the product conformed to the state of the art at the time of sale or complied with applicable government standards, there is a rebuttable presumption that the product was not defective. Your attorney must be prepared to overcome this presumption with strong evidence.

Additionally, Colorado follows the economic loss rule, which generally prevents recovery in tort when the only damage is to the product itself and a contract exists between the parties. However, when a defective product causes personal injury or damage to other property, the economic loss rule does not apply, and a product liability claim may proceed.

Statute of Limitations and Statute of Repose

Understanding the time limits for filing a product liability claim in Colorado is critical. Missing a deadline can permanently bar you from recovering compensation.

Statute of Limitations

In Colorado, the statute of limitations for product liability claims is generally two years from the date of the injury. However, Colorado recognizes the discovery rule, which means that if an injury is not immediately apparent, the statute of limitations begins to run when the injured person discovers, or through reasonable diligence should have discovered, the injury and its connection to the defective product. This is particularly important in cases involving medical devices or pharmaceutical products, where harm may not become evident until months or years after use.

Statute of Repose

Colorado also has a statute of repose for product liability claims. Under this provision, no product liability claim may be brought more than seven years after the date the product was first sold for use or consumption. This is an absolute outer time limit that applies regardless of when the injury occurs or is discovered. There is a narrow exception: if the manufacturer fraudulently concealed a defect, the statute of repose may be tolled. Additionally, the statute of limitations may be paused for minors or individuals who are legally incapacitated at the time of injury.

Because of these strict deadlines, it is important to consult with an attorney as soon as possible after being injured by a defective product.

Damages You May Recover

If you are injured by a defective product in Colorado, you may be entitled to recover compensation for a wide range of losses, including:

• Medical expenses: Current and future medical bills, surgery costs, rehabilitation, and ongoing medical care related to your injuries.

• Lost wages: Income lost due to your inability to work during recovery, as well as diminished future earning capacity if your injuries are long-term or permanent.

• Pain and suffering: Compensation for physical pain, emotional distress, and the impact of your injuries on your quality of life.

• Property damage: The cost of repairing or replacing property damaged by the defective product.

• Loss of enjoyment of life: Compensation when injuries prevent you from participating in activities and hobbies you enjoyed before the injury.

• Punitive damages: In cases where a manufacturer acted with flagrant disregard for consumer safety, Colorado law allows for exemplary (punitive) damages. Under Colorado law, punitive damages are generally capped at an amount equal to the actual damages awarded, though the court may increase the award up to three times the actual damages in certain circumstances.

In wrongful death cases arising from defective products, surviving family members may also be entitled to recover funeral and burial expenses, loss of financial support, and loss of companionship.

Contact Our Colorado Product Liability Lawyers

If you or someone you love has been injured by a defective or dangerous product, the product liability attorneys at Anderson Hemmat are ready to help. We offer a free case evaluation to review the details of your case and help you understand your legal options. There is no obligation and no fee unless we recover compensation for you.

Our office is located at 5613 DTC Parkway, Suite 700, Greenwood Village, CO 80111. You can reach us by phone at (303) 782-9999 or by filling out the contact form on our website. We serve clients throughout Colorado, and time is limited under the statute of limitations, so do not delay in seeking legal help.

Contact us today to schedule your free consultation with an experienced Colorado product liability lawyer.