Everything You Need To Know About Product Liability Claims in Colorado Springs

Product Liability is a legal concept that holds manufacturers responsible for the safety of the products they produce. It can range from electronics to personal beauty products to prescription medications and more. Each case has unique factors and requires a special approach.

There are, however, certain common legal theories that help to pursue damages. Learn about the legal theories involved with processing product liability claims, which are the most common, and when to contact a product liability lawyer.

Pursuing Product Liability Cases

There are a range of different approaches one can take to a product liability case, and an individual case could employ several theories to reach its conclusion. The most common theories that come into play are strict product liability, breach of warranty, negligence, and fraud.

The reason different theories can be used is because it allows attorneys and people to take a multi-pronged approach to the case. It doesn’t tie them to a single argument and allows for flexibility in pursuing damages.

Strict Product Liability

Strict liability is the core theory upon which the majority of product liability cases hinge. It operates on the idea that the product in question was sold in a condition that presented an unreasonable danger or did not carry adequate warnings. It further claims that the seller knew and fully intended the product reach the user without making any changes, and as a result, the user got hurt.

Negligence Cases

Negligence is very rarely used in product liability. While it is the key factor in most other injury cases, it has been largely replaced in modern legal theory by strict product liability. Negligence is similar to strict liability but requires proving that the manufacturer had a responsibility to produce a product that was free from unreasonable risks, that they breached this duty by creating and selling a dangerous product, and that as a result you got hurt.

Strict liability is usually easier to pursue, as it doesn’t require demonstrating any sort of duty of care, merely that the manufacturer failed to sell a safe product or warn of dangers.

Breach of Warranty

Some products come with a written warranty or guarantee regarding their use. Others can be implied to have a guarantee based on the obvious use of the product. If the manufacturer produces a product that doesn’t meet the stated or implied terms, they could be liable for damages. The key in these cases is proving that there was a warranty and that it was breached.

Fraud

Fraud is relatively rare in product liability cases, but it can open up a range of damages. It’s predicated on the idea that the manufacturer deliberately misrepresented their product to get you to buy it. You must show that it was reasonable for you to believe this misrepresentation and that as a result you got injured. If you can prove this, you may be able to get additional punitive damages.

When to Call an Injury Lawyer

If you were hurt using a product as intended, and you think you deserve compensation, you should always call an injury lawyer for advice and help. For a free consultation on the details of your case, give the Colorado product liability attorneys at Heuser & Heuser a call today or complete our online contact form.

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.

Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.

Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.

We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.

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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909

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Questions or Schedule A free Appointment? Click to Call (719) 520-9909

Our Attorneys

Attorney Gordon Heuser | Heuser & Heuser | Colorado Springs

Gordon J. Heuser, Esq.

Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…

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Barkley D. Heuser, Esq.

Attorney

Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…

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Brennan Heuser | Personal Injury Attorney | Colorado Springs

Brennan D. Heuser, Esq.

Attorney

Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…

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