Product Liability Lawyers in Colorado Springs

When a product injures someone because it was defective, the manufacturer and others who sold it can be held responsible without proof that anyone was careless. The question is whether the product was defective and whether the defect caused the injury. Colorado’s product liability statute sets its own deadline and presumptions that shape these cases.

Three kinds of defect

A manufacturing defect is a flaw in a particular unit: a weld that failed, a contaminated batch, a part out of specification. The product didn’t match its own design.

A design defect affects every unit, because the design itself was unreasonably dangerous when a safer, practical alternative existed. Vehicle roofs that crush in a rollover, machines without adequate guards, and products that tip over are typical.

A warning defect means the product lacked adequate instructions or warnings about a danger that wasn’t obvious and that the maker knew about or should have.

Colorado’s presumptions

Colorado law presumes a product was not defective if it met the state of the art when sold, or complied with an applicable government code or standard. The reverse is also true: a product that violated an applicable standard is presumed defective. Ten years after a product was first sold, it is presumed not defective and its warnings adequate. Each presumption can be overcome with evidence, but each shifts the work of the case, and product age and standards are among the first facts we establish.

Who can be responsible

The manufacturer of the product, the maker of a defective component, and in some circumstances distributors and sellers can all be responsible. When a product was made abroad, identifying and reaching the right company becomes part of the work.

Common product cases

• Vehicle defects: airbags, seat belts, tires, brakes, fuel systems, roofs, and seat backs, often discovered only after a crash causes worse injuries than it should have.
• Machinery and power tools, including industrial and farm equipment.
• Household products, appliances, furniture, and children’s products.
• Batteries, e-bikes, and devices that overheat or catch fire.

Recalls are useful evidence but aren’t required. Many defective products are never recalled.

Preserve the product

The product itself is the most important evidence. Keep it, don’t repair or alter it, and don’t return it to the seller or manufacturer. Keep the packaging, manual, and receipt. If a vehicle is involved, tell the insurer not to salvage it until it has been inspected. Testing should be done by agreement or under protocol so the other side can’t claim it was altered.

The deadline

Claims against a manufacturer or seller must be filed within two years, whatever the legal theory. That applies even when the defect caused a car crash that would otherwise have a three-year deadline against the other driver.

How we handle product claims

We secure the product and the scene, retain engineers to examine the failure, research similar incidents, recalls, and applicable standards, and identify every company in the chain of manufacture and sale.