Product liability lawsuits can be filed when you use any product that does not live up to its promise and cause an injury. This can include a defective drug, malfunctioning machinery, a defective car part, or a harmful medical device. Colorado Personal Injury Attorneys work to prove to the court that a product is defective in its design and manufacturing and that the manufacturer failed to warn of its dangers to users. Also, they must prove that the manufacturer breached its promises and that its product caused your injuries.
Product manufacturers must compensate you if they fail in this aspect. You can file a product liability action to protect your rights and seek compensation. However, there are limits and challenges to keep in mind. These include the following:
Statute of Limitations
The Colorado statute of limitations for product liability or defective product claim is two years from the date of injury, property damage, or death. If you decide to seek compensation beyond two years, you can be barred from filing your claim. This can be an issue in your case if, for instance, you were exposed to a harmful substance and you did not know about it until six months later. This is the reason you must consult with a personal injury lawyer who specializes in product liability cases and understand the laws and different time frame restrictions.
Limits on Damages
Colorado follows modified comparative negligence. Under the law, if any party involved in an accident is found to be at least 50% responsible, they could forfeit their right to get compensation for their injuries. Examples of negligence in product liability cases include not following instructions on a machine at work and texting while driving and the brake failed. In these cases, the defendant will argue you are partially at fault of your own injury and must not be allowed to recover compensation.
