When you purchase a product for yourself or your family to use or consume, you expect it to work properly. Unfortunately, there are times when defective products make it into the lives of consumers. When this happens, serious injuries or illnesses could occur. At The O’Sullivan Law Firm, we are here to help when you need a product liability lawyer by your side. We have the resources necessary to stand up to companies and manufacturers in these situations, and we know what it takes to help our clients secure full compensation for their losses.
Why Choose The O’Sullivan Law Firm?
At The O’Sullivan Law Firm, we have a track record of success standing up for injury victims throughout Colorado. We are successful in 99 percent of our cases, which makes us confident that we will be able to help you.
We provide every client with a personalized approach to their case. Every client will work directly with their attorney and will not be put off onto a paralegal or legal associate.
We take our product liability cases on a contingency fee basis, which means that our clients will not pay any legal fees until after we obtain the compensation they need.
What Will a Denver Product Liability Lawyer Do to Help?
Product liability claims can become very challenging, particularly because these incidents often lead to injury victims going up against well-funded companies or manufacturers. A skilled product liability lawyer in Denver can use their resources and experience to handle every aspect of these claims. An attorney can:
Gather all of the evidence needed to determine liability, which can include digging into the past safety history of the product, the company, and the manufacturer.
Work with a trusted medical professional who can evaluate the client, treat the injuries, and help properly calculate total expected losses.
Work with financial and economic experts to help correctly calculate the total losses that the client is expected to incur as a result of the injury.
Handle negotiations with the company or manufacturer’s insurance carriers and legal teams in an effort to secure a fair out-of-court settlement for the client.
Fully prepare to take the case to trial, if necessary to ensure the client is treated fairly at every step along the way.
What is a Defective Product?
Defective products can affect just about every type of item we use or consume on a regular basis. Anytime a product does not work as intended, does not have the proper warnings or instructions, or has incorrect ingredients, it should be considered defective. As we will mention in a moment, there are three main ways that products become defective.
We should point out that the product does not necessarily have to cause injuries or property damage in order to be defective. In the best-case scenario, individuals realize that product or defective and cease using or consuming them before they cause harm or damage. However, that is not always what happens. Sometimes, individuals do not know a product is defective until after they use the product or consume the product.
How Do Products Cause Injuries?
Faulty products can affect any industry. When we look at the government website devoted to tracking active recalls in the country, we can see that there are recalls of:
Products can become defective in a number of ways, though we can usually boil the problem down to one of three things:
A defective design. Products are typically thoroughly tested before they are released to consumers. In some cases, government agencies have to approve of a product before it is released. Unfortunately, there are times when defective designs get through these testing processes and cause harm to consumers.
A manufacturing error. Even a well-designed product can experience an error during the manufacturing process that renders it harmful for consumers.
A problem with the labels. Consumers rely on product labels to let them know everything about a particular product. This includes directions, ingredients, cooking instructions, dosages, warnings, side effects, and more. When there is a problem with anything on a label, this could lead to the misuse of the product.
If you or a loved one has suffered serious injuries or death due to a product defect, consult with a wrongful death attorney in Denver. Our attorneys will hold negligent parties accountable and get you the compensation you deserve.
Product Liability Laws in Colorado
For most personal injury claims, the only way to recover compensation is to determine the negligence of the other party. This can include the negligence of other individuals, entities, or companies. However, product liability claims are a bit different.
Under Colorado’s product liability law, a company or individual that designs, manufacturers, or sells or defective product will be held strictly liable for any injuries caused by the defect. What this means is that it will not be necessary to prove that the individual or company was negligent in causing the defect. It is typically sufficient enough to show that there was a defect in that a person sustained an injury. If a defective product did indeed cause harm, this makes it easier for individuals to recover the compensation they need.
Individuals in Colorado have two years from the date an injury occurs to file a lawsuit against a company or manufacturer who provided a faulty product. We strongly encourage you to file your claim as soon as possible so that this deadline does not expire. Additionally, Colorado law prevents product liability lawsuits from moving forward if ten years have passed since the product was first sold.
Defective Cars and Other Consumer Products
Each year, thousands of recalls occur pertaining to vehicles and other consumer products. If you have any questions about whether or not a product you have used to purchase or consume is defective or has faced a recall, we encourage you to check out the Consumer Product Safety Commission (CPSC) website to search the current recall list.
In March of 2022, Volkswagen recalled 246,000 Atlas SUVs due to defective issues with brakes and airbags. This recall took place in the US and Canada, primarily due to a wiring issue that could affect the safety of these parts. This recall includes vehicles sold between 2019 and 2023. As is common with most recalls, Volkswagen notified owners and dealers by mail. They did so in May of 2022.
However, Volkswagen is not the only vehicle that has faced recalls recently. Earlier this year, Tesla recalled more than half a million vehicles, Hyundai recalled more than 357,000 vehicles, and Kia recalled more than 126,000 vehicles. If you ever receive a recall notice in the mail, whether for your entire vehicle or for a specific part of the vehicle, you need to follow the instructions closely and get your vehicle repaired or replaced as soon as possible. Continuing to drive a vehicle after it has been recalled could eliminate your ability to recover compensation should an accident occur.
If you or somebody you care about has been injured due to a defective product in the Denver area, turn to the team at The O’Sullivan Law Firm for help as soon as possible. Our Denver injury lawyers have the resources and experience necessary to handle every aspect of these claims. We will investigate what happened, determine liability, and help you secure full compensation for your losses. When you need a Denver product liability attorney, you can contact us online for a free consultation or call us at (303) 388-5304.