If you were seriously hurt while using a defective product, you may need the legal assistance of a lawyer for defective products in Denver, such as one from the Law Office of Richard J. Banta, P.C. Without a respected lawyer by your side, the product manufacturer and any other parties responsible for the defective product will more than likely try to take advantage of you. It may be as simple as refusing to speak with you or acknowledge your injury. If you have tried to file a personal injury claim with the at-fault party and it was subsequently denied, we may be able to help you with this as well. Defective product claims and litigation run the gamut in terms of the types of products involved and the nature of the injuries.
For these reasons it’s important to work with an experienced defective product lawyer, so Colorado residents can get the compensation they deserve from the negligent parties.
What is a personal injury claim?
A personal injury claim is similar to a property damage claim that you might file against the driver who caused the accident and the resulting damage to your vehicle. A personal injury claim is one that a victim files against a negligent party who hurt them in some way. In the context of a defective product accident, the victim usually files the claim against the manufacturer with the help of a defective product lawyer.
In Denver, CO, Richard J. Banta, P.C. is available to assist victims who have been hurt in this way. Due to his many years of experience representing victims and protecting their rights, he has earned a reputation for obtaining substantial settlements on their behalf. If you are considering how to obtain compensation for your injury caused by a defective product, call our office today. A Defective Product lawyer in Denver, Colorado will be pleased to offer you a free consultation to discuss your case and legal options.
Defective Product Lawsuits
If the manufacturer denies your claim, or refuses to pay you a fair settlement for your injury related damages, it may be necessary to escalate the claim to a civil lawsuit. Richard J. Banta, P.C. is a defective product lawyer who makes every effort to avoid this because of the cost and length of time that is usually involved. However, if the defective product manufacturer refuses to honor your claim or will not offer a fair settlement, then we will be prepared to file a lawsuit against them.
Contact Richard J. Banta, P.C.
If you were seriously injured by a product despite following the manufacturer’s directions, you may be eligible to receive compensation from the manufacturer. Richard J. Banta, P.C. offers victims a free consultation to discuss their circumstances and learn if they have grounds for a personal injury claim or lawsuit. Contact us today to request a free case review with a CO defective product lawyer in Denver for legal assistance.
How Does the Product Recall Process Work?
At first, a company will receive a stray consumer complaint or two about a product. Something about that product seems dangerous. Over time, the complaints start to pile up. Something about that product is hurting people or making them sick… or perhaps something about the product hasn’t caused harm yet but is just too risky. At this point, the company selling the dangerous (or potentially dangerous) product may choose to issue a voluntary recall.
Or, the company may recklessly choose to keep selling the product, despite evidence that it does/could cause people harm. If the company keeps selling the dangerous product, the Food and Drug Administration or the Consumer Product Safety Commission could get involved to compel a recall. It’s important to understand that an unsafe product does not need to be recalled for someone who has been harmed by it to pursue legal action against the manufacturer or other responsible parties.
As a result, anyone who has been harmed by a manufactured product, drug, food or other regulated item may want to speak with an experienced defective product lawyer to explore their legal options.
The Ins and Outs of Product Recalls
Most of the time, recalls are undertaken voluntarily by manufacturers, for obvious reasons. Every time one of their products hurts a consumer, it makes their bottom line vulnerable by exposing them to legal action. Harm from products can also be a P.R. nightmare. But there are times when companies (often inexplicably) “dig their heels in” and keep selling defective or dangerous products, despite the risks involved. At this point, government agencies may compel companies to issue recalls and/or fine them for not doing so earlier.
The specifics of recall protocol vary depending on whether the product in question is regulated by the FDA or subject to oversight from the CPSC. There are different recall classifications based upon the severity of the harm that could be caused by a defective or dangerous product. Once recalled, it is up to retailers to take the affected items off shelves and/or consumers to return the items they own for repair, replacement, or refund (depending on the situation).
Can I File a Claim if I Modified a Product?
Each day people modify products to use them in a way they see fit. What happens if a modified product causes harm? Does that person still have the ability to pursue a claim? As a Denver, CO defective product lawyer might explain, when a person files a claim against a manufacturer, distributor, or other relevant party, they will almost certainly find ways to exploit the plaintiff. The purpose of this is to avoid paying out compensation or decrease the value of the claim. It is possible for the defense to argue the product was modified or used incorrectly. In fact, this is one of the most common defenses.
Our defective product lawyers in Denver, CO know of various cases in which a defending party argues the plaintiff had reported to them about the product not working. Afterwhich, they attempted to fix or modify it. Only then did the injury occur. Whether or not this is relevant to your case, you might wonder if compensation would still be available. Afterall, the product was modified in some way, right?
While no two cases are exactly alike, it would not be possible to provide you with an answer before reviewing your case. That said, it might be possible to pursue some amount of damages even after a product has been altered. A lawyer would need to examine to what extent the product was modified, as well as many other factors.
Misusing a Product
If you misuse a product in a way that goes against the purpose or intent of the manufacturer, it is considered to be misuse. For example, if you used a step stool as a seat and it collapsed under you, it may be misuse. Likewise, if you attempted to use an iron to straighten your hair, and you were severely burned, misuse will likely be alleged by the defense. In this case recovering compensation could be difficult. Speaking with a defective product lawyer in Denver, CO is advisable.
Misuse is a vague term. When it is alleged, a lawyer might ask a judge to make a decision on whether or not the misuse was reasonable. If something like this applies to your case, please call our firm.
Modifying a Product
Misusing a product is not the same as modifying a product. A modification can be seen as a change or alteration in the product so that it is not the same as it was when initially purchased. One common way products are modified is when a safety mechanism is removed. An example might be removing the safety from a chain saw, tool, or even gun.
If the modification of a product was not reasonable, recovering damages could be challenging. For instance, if the safety was removed from a chainsaw, and the plaintiff knew this action was risky, filing a claim could be difficult. On the other hand, if the safety lock was so easy to remove that the plaintiff was unaware they did so, or it was actually causing hazards, it may be possible to file a claim for damages.
Cases that involve allegations of modifying or misusing a product should be overseen by a defective product lawyer in Denver, CO. If you believe the product that harmed you was modified or misused, and the defense is telling you there is no case, reach out to our firm for advice.
Recoverable Damages in a Product Liability Lawsuit
A Denver, CO Defective Product lawyer has been dedicated to protecting consumers who were hurt by defective products for many, many years. We have seen all the ways that people can get hurt from using a product that they thought was safe. Unfortunately, not everyone knows that it is their right to pursue recoverable damages from the party at-fault, for injuries due to a defective product. We can let you know whether the manufacturer, designer, wholesaler, and/or retailer played a role in getting a flawed item on store shelves.
Types of Recoverable Damages
Depending on the product and in what ways you were harmed, you may be eligible to receive several types of damages for what happened. For example, if you went to the doctor for your injury, the at-fault party may have to pay you back what you lost financially and then some. Once we have an idea of how much you have suffered and lost due to a defective product, at attorney at Richard J. Banta, P.C. can build your case from there.
In general, those who have been harmed by a dangerous product are eligible for damages including emotional anguish, pain and suffering, medical costs (current and future), and lost wages.
- General Damages: damages that are intended to reimburse the injured consumer for the losses that are not easily calculated into a monetary value. Typically, general damages include mental anguish, pain and suffering, loss of enjoyment of life, and loss of consortium.
- Special Damages: damages that reimburse the injured consumer for expenses or financial losses that can be calculated into a monetary value. Special damages can entail lost wages, medical care, hospital bills, medication, diagnostics, and property damages.
- Compensatory Damages: damages that intend to make the injured consumer “whole again”. In other words, it is to award compensation in ways that would permit the consumer to reach the same level of health or finances that they were prior to the product defect incident.
Elements of a Product Liability Case
During a consultation with an attorney at Richard J. Banta, P.C. we will evaluate the elements of your product liability case, to ensure that it stands strongly in court. It is important to the outcome of your case if we can prove the following applied:
- You suffered injury or loss. It must be shown with evidence that actual injury or financial loss occurred as a result of the defective product.
- The product was in fact defective. It must be shown exactly how the item was flawed.
- The product caused the injury. The injury must have been a direct cause of using the product.
- The product was used as intended. Harm that resulted when a consumer used the product incorrectly is unlikely to withstand in court.
Legal Guidance Is Available
If you’ve suffered harm as a result of a dangerous product, please consider scheduling a risk-free, no-obligation consultation with the legal team at Richard Banta, P.C. today. Once we learn more about your situation, we can advise you of your legal options. After you’ve learned about the legal paths available to you, you can make an informed decision about which option makes the most sense for you and your family. Our consultation process is risk-free and confidential, so there’s no reason to hesitate. Please call now; a Defective Product lawyer in CO at Richard J. Banta, P.C. looks forward to speaking with you.