Colorado, like many states, has comprehensive product liability laws that hold manufacturers, wholesalers, and retailers accountable for producing or selling defective products that cause harm to consumers.
Understanding the basics of these laws is crucial for businesses that offer products in the market and consumers who may suffer injuries due to defective products.
- Background: Colorado’s Product Liability Framework
Colorado’s product liability laws are rooted in statutory and common law principles. A claim for product liability can arise from three primary defect categories:
- Design Defects: These are inherent flaws in the design of a product, making the product inherently dangerous when used as intended or in a reasonably foreseeable manner.
- Manufacturing Defects: These defects occur during the production or assembly process. A product might be designed safely, but it becomes dangerous due to some manufacturing mistake.
- Failure to Warn or Inadequate Warning: This involves situations where a product does not have sufficient warnings or instructions, leading to harm even when the product is used as intended.
- The Standard of Proof in Colorado
In Colorado, a claimant must prove that the product was defective, the defect existed when the product left the defendant’s control, and the defect caused the claimant’s harm.
It is important to know that Colorado follows the “strict liability” principle in product liability claims. This means that, in many cases, a victim does not need to prove negligence on the manufacturer’s part. As long as the product was defective and it caused harm, the manufacturer can be held liable.
III. Limitations to Product Liability Claims
Colorado law has a “statute of repose” that sets an outer time limit for filing a product liability lawsuit. The claim must be filed within two years from the date the injury was or should have been discovered. Additionally, a product liability claim can be brought up to 10 years after the product was first sold unless the manufacturer provided a warranty period extending beyond ten years.
- Comparative Negligence in Colorado
Comparative negligence is a legal theory where, if a consumer has contributed to causing their injury, they may receive reduced compensation. Colorado follows the “modified comparative negligence” rule, which means that if a victim is found to be partially at fault, their compensation may be reduced by their percentage of fault. They may be barred from recovering any compensation if they’re more than 50% at fault.
- Damages Available in Product Liability Claims
Colorado’s Injured parties can seek economic and non-economic damages in product liability claims. This includes compensation for medical expenses, lost wages, pain and suffering, and other losses directly related to the injury.
Looking for Legal Help?
If you or someone you know has been injured due to a defective product, understanding your rights and the intricacies of personal injury law in Colorado is vital. At Baker Law Group, our Denver personal injury lawyer team is skilled in navigating the complex terrain of product liability claims.
Don’t go it alone; having a dedicated Denver Product Liability lawyer on your side can make all the difference in securing the compensation you deserve. Reach out to us today for a comprehensive consultation.
