Defective Product Lawyer Denver CO
An item with a defective design has a flaw in its basic concept. This is not an error caused by a manufacturing mistake; it is an issue with how each item is made. Electric blankets that might electrocute you when turned to the highest setting, for example, have a defective design.
Failure to warn involves a product that should have had special warnings or instructions to ensure safe use. A chemical that needs special handling, for example, could be considered a failure to warn example if it doesn’t come with complete handling instructions. This type of product liability doesn’t apply to things that should be common sense, such as not dropping your new sharp knife on your foot; it applies to instructions and warnings that wouldn’t be immediately obvious to the product user.
• Your injury was caused by the defect: Just using the product at the time of injury isn’t enough to prove your case. You have to demonstrate that you were harmed as a direct result of the defect. While some situations, such as getting electrocuted by an electric blanket, are straightforward, others may be more difficult to prove. The motorcycle missing the brake pads mentioned above, for example, could be harder to make a defective products case for if you were also speeding at the time of the accident. The maker of the bike could claim your speeding was ultimately what caused the accident, even without the brake pads.
• You were using the product as you should: Basically, you have to show you were using the item the way in which the manufacturers intended for it to be used. While your use doesn’t have to conform to the exact stated purpose of the product, it should be within the reasonable expectations of the manufacturer. For example, if you tried using a tea kettle to heat water in an outdoor pool and it exploded, you probably don’t have a case because the manufacturer wouldn’t expect that the kettle would be used that way. However, if you used your rose clippers to trim another plant and a piece broke off and got you in the eye, you might have a valid claim.
As a defective product victim, you might be able to recover medical costs and expenses, wages lost because you missed work, and other damages you suffered, such as loss of limb, lessened quality of life, and pain and suffering.
Speak to us about your defective product case today by calling 720-704-0010.