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What Are My Rights After Being Injured Due to The Negligence Of Another Person?

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Those who are searching for a personal injury attorney in Colorado Springs may have been dealing with some sort of injury from a defective product or service. Losing a lot of sleep, stressing over the bills, medical issues, and more can be tough to go through after an accident however, it doesn’t have to be when you hire an attorney that specializes in these types of personal injury cases.

 

Many people do not realize they have rights when they’ve been harmed by a product. If this sounds like something you’re interested in or something that has happened to you, knowing more about personal injury cases can help you make the best and most informed decision on what you should do.

Product Liability Issues and the Law

When you or someone you know has been injured by a product, this is known as product liability. Defective products that are dangerous, yet still sold to the general public are responsible for numerous injuries throughout the year in Colorado. Many of these injuries go unaccounted for because many consumers do not think they have a case.

 

Product liability laws are in place to show who is responsible for these injuries when they occur. The law is different from normal private injury lawsuits that are seen. In fact, these laws make it easier for a consumer to receive compensation for an injury caused by a defective product sold.

 

The seller or manufacturer of the product is said to be the one responsible for the product, especially if it is damaged or defective when it is being sold to the general public. When the product does not meet the normal expectations of use by the consumer because of these defects then it would be covered under the product liability law.

 

There are a number of areas that the product negligence can fall under. Unfortunately, there is not a federal ruling or set of laws for this specific law case. It is determined on a case by case basis by the state that the issue happened in.

 

In order to be covered under this specific case, the product has to have come from a business or through a business, such as a supplier or a distributor, or a store itself. This means that if you have purchased items from an estate sale or a yard sale, the person who sold the product is not liable for the product that was purchased and used. This is not their general business.

 

When speaking with a personal injury attorney in Colorado Springs , make sure to let them know everything you can about your specific situation. They’ll be better able to provide more insight into your specific case.

The Types of Product Defects

There are a few different types of product defects that can happen and may be covered under this product liability law. These types of product defects make it so the product is unreasonable, and should have not been sold.

 

  1. Defects with the Design - The design of the product has an issue. This could be before the product was even put together, or it could have been during the manufacturing process.
  2. Defects with Marketing - The way the product is marketed can also have serious issues such as not having enough warning labels, not being adequately marked with instructions, or any other labeling or marketing issue.
  3. Defects with Manufacturing - Like mentioned above with the design, when things go wrong with the manufacturing or putting together the product, this can also be covered under liability issues. 

There are Unavoidably Unsafe Products

There are products that can be marketed, and they can be sold even if they are unable to be made safer then they currently are. Even though it is a risk that is taken when a person chooses to use these products, the product is usually marked with all known risks and dangers. If proper labeling is not provided on the products, then this can lead to lawsuits.

 

The maker and seller of the product have to warn the user of the potential and known risks of using the product. Without these risks, they are putting themselves at liability with anyone who may end up harmed due to using the product. Always check the packaging of a product prior to using it to ensure you’re using it correctly and to read any and all warnings it may have.

Connecting the Unsafe Product to a Liable Party

The product that has been deemed unsafe and caused harm has to be able to be connected with a liable party. If there is no liable party, there is no one to bring the case up to. In order to accurately bring up a case in a courtroom, the lawyer will work with you to identify who is in charge of the product and who may be liable for the damages done.

 

There is one exception to the rule, usually when it involves medications. The person harmed by the medication may have a hard time determining which pharmaceutical company would be at fault for the damages since they have changed hands so often. This is known as “market share liability.”

 

The lawyer is who is going to walk through everything with you, ensure that you have the necessary paperwork, claim info, and evidence to bring the course up. From here, they will try to settle with the person at fault outside of court, though it might have to be heard by a judge. This is all done on a case by case basis and depends on the specific situation.

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