If you have been injured as a result of a product you purchased you may be able to seek damages from the manufacturer of the product or the retailer who sold it to you. This is the area of personal injury law known as product liability, which holds people responsible for the products they sell, often through a product liability settlement.
Product liability is the liability incurred by someone when they manufacture and sell a product that is defective in some way or is misrepresented or inadequately explained. When this causes harm to the consumer, a product liability lawsuit is used to hold the manufacturer or supplier responsible. Product liability law is based on the reasonable and ordinary expectations of the buyer that the product they are receiving is safe and will not have an unexpected flaw or present an unexpected danger. There is also an expectation that the use of the product will be described properly with warnings about any special circumstances in which the product must not be used. There are limits to this based on the principle of ordinary expectations. Someone who buys a dirt bike and gets injured using it as intended is unlikely to win a product liability lawsuit if the bike didn’t have a defect. You buy a dirt bike expecting to use it on a trail, and that activity inherently involves a degree of risk.
There are three main types of defects in a product liability case that can give rise to injury. A Denver product liability lawyer can help you to attach liability to the manufacturer, supplier, or marketer.
This is an inherent flaw in the basic design of a product that exists even if it is manufactured correctly. It is a fundamental flaw in the product that makes it unsafe. Because it exists at the level of design, it likely affects all products.
A manufacturing defect arises when a product is made or assembled incorrectly. The product is not fundamentally flawed ‘on paper’ but the produced product is, likely due to a flaw in its manufacturing or assembly process, or because poor raw materials were used.
This is not a flaw in the product itself but in how it is represented or in the explanation of how the product should be used. This includes the absence of adequate warnings about the product and its unsuitability for certain applications.
Product liability cases can vary widely due to the broad class of defects that may occur. Examples of the three types of defect include:
It is the person who bought the product and suffered an injury or had their child suffer an injury who files a claim. To file a claim, there must have been a sale in the marketplace. Damages available will depend on the details of the case. You are out the money you paid for the product, but there are usually much greater costs associated with a defective product and the injury it causes.
If you have suffered a product-related injury, contact Driskell, Fitz-Gerald & Ray to speak with a Denver product liability attorney about your potential product liability claim.
Phone: (303) 860-7353