Personal Injury — Product Liability
Injured by a Defective or Dangerous Product?
Manufacturers and sellers have a legal duty to ensure their products are safe. When a defective product injures you, you may be entitled to compensation — regardless of whether the company acted intentionally. Call Jason Savela for a free consultation.
Product Liability: When a Product Causes Harm
If you were injured while using a product that was in a defective or dangerous condition when you purchased it, you may be able to recover damages from the manufacturer or seller in a products-liability personal injury suit. Product liability law holds manufacturers and dealers accountable because they are in the best position to ensure the safety of their products. Any product produced and sold that has been determined to be dangerous makes those responsible parties accountable for consequential injuries.
Types of Product Defects
Manufacturing Defects
A manufacturing defect occurs when a product departs from its intended design during production. Even a well-designed product can be dangerous if it is assembled incorrectly, uses substandard materials, or is contaminated during manufacturing. The defect affects individual units rather than the entire product line.
Design Defects
A design defect exists when the entire product line is inherently unsafe — the flaw is baked into the design itself, not just one unit. Design defect cases are more difficult to prove and often require expert testimony showing that the whole product line poses an unreasonable hazard and that a safer alternative design was feasible.
Failure to Warn
Manufacturers must warn consumers of non-obvious dangers associated with their products. If a product is used as intended — or if the manufacturer should have predicted it could be misused — and no adequate warning was provided, the manufacturer may be liable for resulting injuries even if the product itself was not defective.
What You Must Prove
Simply claiming a product was defective is not enough. To succeed in a product liability case, the plaintiff must establish several key elements.
The product was defective
You must show the product had a manufacturing defect, design defect, or inadequate warning at the time it left the manufacturer's or seller's control.
The defect caused your injury
There must be a direct causal link between the specific defect and the injuries you suffered. If more than one cause is possible, you must prove the product defect was the primary cause.
You used the product as intended
The product must have been used as the manufacturer intended — or in a way the manufacturer should reasonably have anticipated, including foreseeable misuse.
You suffered actual damages
You must have suffered real, measurable harm — physical injury, medical expenses, lost wages, or other documented losses. A defective product that causes no injury does not give rise to a personal injury claim.
Strict Liability: No Negligence Required
In many product liability cases, you do not need to prove the manufacturer acted negligently or with wrongful intent. Under strict liability, a manufacturer or seller can be held responsible simply because they placed a defective product into the stream of commerce and it caused injury. This is a powerful legal doctrine that levels the playing field between injured consumers and large corporations.
Who Can Be Held Responsible
- Product Manufacturer: The company that designed and built the product bears primary responsibility for defects.
- Component Part Manufacturer: If a defective component caused the injury, the maker of that specific part may be liable.
- Assembler or Installer: A party that assembled or installed the product incorrectly may share liability.
- Wholesaler or Distributor: Parties in the distribution chain who handled the product before it reached you may be liable.
- Retailer: The store or seller that sold you the defective product can be held responsible even if they did not manufacture it.
Compensation You May Recover
Frequently Asked Questions
Related Practice Areas
Hurt by a Defective Product in Colorado?
Product liability cases require fast action — evidence disappears, recalls complicate claims, and statutes of repose can cut off your rights. Call Jason Savela today for a free consultation. No fee unless we recover for you.
Call (720) 821-1001