If you’re in need of legal help for a product liability lawsuit in Colorado Springs, contact us at Maceau Law. We’ll make sure you get what you deserve. Read the information below to learn more about product liability lawsuits and when it’s appropriate to seek legal counsel:
A product liability lawsuit is the end result of a civil action brought against retailers, distributors, wholesalers, manufacturers and the product designers of a product. Usually, the plaintiff in the lawsuit alleges that the product in question was made in a defective manner.
Why file a product liability lawsuit?
Product liability lawsuits are typically constructed on the legal classifications of negligence, breach of warranty, false advertising or strict liability. The following is a more thorough explanation about each of these legal classifications:
In a legal sense, negligence implies a failure to act in a responsible way. There are five basic concepts used when establishing negligence and they are harm resulting in damages, establishment of proximate cause, legal or actual cause and breach of duty. In simple terms, this means that a person, or in this case a manufacturer or designer, did not behave in a responsible manner when creating a product thus leading to some sort of injury.
Breach of warranty:
A breach of warranty is when a manufacturer or retailer does not honor a warranty placed on a product. When an individual files a lawsuit based on breach of warranty, they are alleging that the defendant broke a promise regarding their product, and this action or inaction led to the plaintiff being harmed in some way.
False advertising is any advertising that makes consumers believe a product is safer than it is or distracts them from the potential risks of using the product.
Strict liability enacts liability without having to prove guilt. Strict liability is often seen in civil action lawsuits. This type of liability applies to specific circumstances in which a company or a person engages in such dangerous behavior that their intent or guilt is irrelevant. When using strict liability, the plaintiff only has to prove the product is defective and harmful.
Is it necessary to hire a product liability lawyer?
When attempting to file a product liability lawsuit, it is best to have a skilled attorney handling the case. A good attorney experienced in product liability law will evaluate the case and construct a successful lawsuit against the manufacturer.
Products most often involved in product liability lawsuits:
When individuals seek to sue firearm manufacturers or retailers due to an injury resulting from an intentional or inadvertent shooting, they often are unsuccessful. However, when individuals construct cases around inexpensive handguns that are known to be dangerous and are recognized for their prevalence in criminal circles, the courts are more apt to rule on the side of the plaintiff.
Tobacco companies have recently been ordered by courts to pay large sums to individuals due to the prevalence of diseases caused by smoking cigarettes. The reason the courts have so ruled has most to do with the fact that the tobacco companies have hidden the dangerous, additive and disease-causing aspect of tobacco from consumers. For this reason, they are considered negligent and guilty of false advertising.
- Products used for recreation:
This category is broad and contains anything that entertains individuals. This could include the use of products from roller coasters to board games that have led to injuries of some sort.
- Pharmaceutical products:
The Food and Drug Administration (FDA) has many regulations that products must meet before being placed on the market. However, in some cases, a drug is defective and slips past the FDA’s rigorous guidelines. In addition, drug companies must warm consumers of all possible side effects associated with their product. Consequently, lawsuits of this category typically involves false advertising or negligence.
Manufacturers of automobiles have the responsibility to design their vehicles safely. In cases where an injury is sustained due to an individual’s negligence such as not wearing a seat belt, the automotive manufacturers are often not held liable. However, when a design flaw leads to an injury, they will be held liable.
- Medical devices and products:
In many cases, medical product liability and medical malpractice cases are indistinguishable. However, experienced attorneys will know the difference between a malpractice suit and a product liability lawsuit.
- Tools and machinery:
Individuals are sometimes injured when using faulty machinery or tools. The manufacturer or vendor is held responsible if the injury was caused by a product defect, design flaw or a misleading warning.
- Agricultural and food products:
Any mass-produced agricultural, beverage or food product can be the subject of a product liability lawsuit. Usually, food and agricultural products are involved in cases that are brought about by contaminated food or by a neglect in keeping food preparation facilities clean enough.
- Cosmetics and chemicals:
This category includes any household cleaners, personal cosmetics or hygiene products. Lawsuits in this category are brought on by injuries caused by these products.
Injury and even death can be caused by asbestos, meaning countless lawsuits have been filed against this harmful product. Various cases targeting asbestos have used civil conspiracy theories, failure to warn, design defects and strict liability to successfully win these lawsuits.
This category involves any clothing item. Most lawsuits against apparel manufacturers or retailers are a result of improper construction, poor traction in footwear, hidden foreign objects within the clothing or issues regarding fire resistance.
Legal assistance for product liability lawsuit in Colorado Springs, Pueblo, and Castle Rock areas
If you think you need legal help for a product liability lawsuit, contact one of our Colorado Springs personal injury lawyers at Maceau Law. We’ll take the time to discuss your situation and options. Call 719-633-2222 to schedule a consultation now.