Product Liability is the legal responsibility of product manufacturers, distributors, retailers and others who make defective products to compensate for any damages that they have caused. If one of these defective products results in a personal injury or causes other damages to a consumer, the consumer (or consumers working together in a class action law suit) are eligible for recovery from the manufacturer or others.

There are three main types of product liability claims.

1. Manufacturing Defects -- A manufacturing defect is a product defect that occurs in the manufacturing process. It typically involves poor-quality materials or bad workmanship. For instance: if a vehicle's frame was improperly welded or bolted to the body of the vehicle resulting in a car accident, it would be an instance of a manufacturing defect.
   
2. Design Defects -- A design defect is a product defect that occurs as a result of bad design and planning. They occur when a product is inherently dangerous or useless even though it may have been put together according to the designer's specifications. For instance: if a vehicle's fuel tank is designed in such a way that it explodes at a low speed collision it would be a design defect.
3. Failure to Warn Defects -- Failure to warn defects, or marketing defects, occur when a product contains non-obvious dangers that the consumer should have been warned about, regardless of how well the product is manufactured and designed. Potentially dangerous products should carry warning labels that explain how they should be used, under what circumstances they are likely to cause harm, and what steps should be taken in an emergency involving the product. For example: if a drug company fails to include a warning about a possible side effect and it causes harm to consumers, it would be a failure to warn defect.
   

What if I'm injured by a Defective Product?
Under Colorado product liability law, you have the right to have your case heard by a jury and recover damages for pain and suffering, disability, lost wages, and disfigurement, as well as future damages.

If you're injured as the result of a defective product, one of the most important things that your lawyer needs to know is when you were injured. This is because Colorado has statutes that prevent you from making any recovery if too much time has passed from the date of your injury to the date of recovery. If you've been injured by a defective product make a note of what injuries and symptoms you experienced and when. Be as precise as possible.

Also: make sure you keep the defective product after your accident and do not alter or damage it in any way. Get it to an experienced product liability attorney immediately so that he can preserve the product and have it analyzed by an expert. If a defective product is not properly preserved, it can destroy a person's right to compensation.

Should I Hire an Attorney?
Product liability law is complex and can be difficult to navigate without the help of an experienced attorney. Moreover, defendants in product liability cases are often wealthy manufacturers with practically unlimited budgets and a strong interest in protecting their product. An attorney experienced in product liability and personal injury can help protect your rights and help get you the compensation that you deserve.

Labels: Colorado product liability, dangerous products, defective products, personal injury attorney

If you are a Colorado resident and were injured on the job, there are a few important things to do as you begin the recovery process. The following is a brief summary of the initial steps you need to take, in addition to some answers to the more commonly asked workplace injury questions.

If you get hurt on the job, you should take the following steps immediately:

1) Get first aid and seek medical attention if necessary.
2) Provide written notice of your injury to your employer. You must do this with in four days of being injured. Your employer's insurance company then has 20 days to decide whether or not to admit your claim for worker's compensation.

Your employer must provide you with the names of two doctors to see about your injury. If your employer fails to do so, there are remedies an attorney can pursue. You may request a different doctor within 90 days after your injury. If you are approaching 90 days it's critical that you contact an attorney to see if you have other options.

Click Here to see the Colorado Department of Labor and Employment's Division of Workers Compensation's rules and procedures for filing a workers compensation claim.


Q: Why can't I choose my own doctor?
A: Your employer's insurance company doesn't want you or your attorney picking a doctor for your treatment. They want to keep control of the choice of physicians. By offering treatment they can still deny your claim for workman's comp, or say that it's "under investigation."

Your employer is obligated to provide you with options for your treatment if you're injured on the job. An attorney can tell if the doctor your employer's insurance company has chosen for you is giving you proper care, or if they're simply trying to get your worker's compensation claim concluded as quickly as possible. An attorney knows how and when to get another physician involved if it becomes necessary.


Q: What is MMI?
A: MMI stands for Maximum Medical Improvement. It generally means that the authorized treating doctor has determined that there is no further treatment that can make you any better. This doesn't mean that you have completely recovered from your injury, although you may have done so. You could still be in need of treatment or medication and be considered at MMI.

When your doctor determines that you have reached MMI he will notify your employer's insurance carrier, who is now no longer obligated to pay you temporary total disability (TTD). He will also determine if you have a permanent disability (PPD).


Q: If I'm injured at work, do I need an attorney?
A: Your employer's insurance company does not want you to hire an attorney. They know that cases where the claimant for worker's compensation has an attorney cost them more than cases where the claimant doesn't have an attorney. An attorney experienced in worker's compensation claims knows when the insurance company is not paying the benefits they owe you and knows when and how to ask for them. They know how to proceed when the insurance company gives you a doctor that is not giving you the treatment you're entitled to, or how to proceed when your case is close to reaching MMI. An experienced attorney knows how to protect your rights

Remember, your employer's insurance company will work hard to pay the least benefits possible, so it's important that you do everything you can to protect your rights. Contact an experienced personal injury attorney - don't take on the insurance companies by yourself!

Labels: Colorado personal injury attorney, Colorado workplace injury, maximum medical improvement, worker's compensation

If you've suffered an injury in a car, motorcycle, bike or pedestrian accident or were injured at work, obtaining legal representation is very important due to the complexity of the issues involved, the likelihood that the responsible party will refuse to accept liability, and the difficulties in obtaining medical care before legal liability has been established against the responsible party.

What are some of the more typical kinds of accidents in a Colorado personal injury case?

• Slip-and-Fall Accidents. Accidents arising from dangerous conditions on real property, when the landowner knew about the problem and failed to address them, the landowner can be held liable under Colorado law.
• Defective and Dangerous Products. A manufacturer or seller of a product can be held liable in Colorado for negligence in creating an unreasonable risk of harm to consumers, an inherently and unreasonably dangerous or defective product, or breach of express or implied warranties for the product.
• Malpractice of Doctors, Pharmacists, or other Health Care Providers. If the health care professional's conduct fell below the standard of care expected for the profession, which resulted in an injury or the professional did not obtain the patient's consent or informed consent before providing treatment resulting in damages they can be held liable under Colorado law.
• Bites by Dogs or Other Domestic Animals. A person injured by an animal in Colorado may recover from the owner of the animal by proving that the owner knew of the particular animal's or the general breed's habits and tendencies which are likely to cause human injury, and failed to exercise reasonable care to prevent those injures.
• Car Accidents. In 2004 there were nearly 250,000 motor vehicle accidents in Colorado with one-fourth of them resulting in fatalities or injuries. This includes motorcycle accidents, truck accidents, bike accidents, bus accidents, and pedestrian accidents. If you've been injured in an automobile accident contact a personal injury attorney today!
• Injuries at Work. A person hurt while on the job is eligible for medical benefits and worker's compensation. If you're injured at work you must act quickly to protect your rights. Consult an experienced personal injury attorney right away.

Here is a list of important documents and other information to obtain and save for your personal injury attorney to increase the chances of obtaining the best possible outcome in your particular case.

Documents

• Copies of any written statements.
• The accident report.
• Your auto insurance policy, along with your coverage certificate, if you were injured in an automobile accident.
• Your medical or disability insurance policy.
• Other insurances policies, including homeowners or renters insurance, hospitalization, or veterans insurance.
• All correspondence you have received from any insurance company.
• Any medical bills.
• Any receipts for things you've had to buy or had to fix because of your personal injury.

Other Information

• The name and address of the ambulance service used, if any.
• The name and address of the emergency room where you were initially taken.
• The dates you were admitted and released from the emergency room and the hospital.
• The names and business addresses of all doctors who treated you.
• The names and business addresses of all chiropractors you have consulted.
• Names of all people involved in the accident.
• Names and addresses of all witnesses to the accident.
• Dates and time you have missed work because of the accident.
• A list of people you have talked to about the accident or your injury.
• The names and telephone numbers of each insurance adjuster you have talked to.

**Remember that claims for personal injury can come from other situations and incidents than just car accidents and work-related injuries. If you were injured in one of the above types of accidents in Colorado, contact a Colorado personal injury attorney as soon as possible - don't take on the insurance companies and their attorneys without the help of an experienced personal injury attorney!**

Labels: colorado car accidents, Colorado personal injury attorney, dog and animal bites, insurance companies, medical malpractice, product liability, slip-and-fall accidents, worker's compensation