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Archive for the ‘product liability’ Category

Product Liability in Colorado: Immediate First Steps

Wednesday, September 1st, 2010

Under Colorado product liability law, you have the right to have your case heard by a jury as well as recover damages for pain, suffering, disability, lost wages and also for future damages.

The law of products liability is complex and varies between states in the degree of accountability in which they hold a defendant for injury caused by its product. It is important to be informed by a Colorado attorney that is seasoned in personal injury cases and product liability throughout the state of Colorado.

What if a defective product injures me?

If a defective product has injured you or someone you know, it is highly important to contact a knowledgeable Colorado attorney immediately. This is to protect your rights. Under Colorado law, there are statutes in place that prevent damages collection if too much time has passed from the date of your injury to the date of recovery. Document the date of the injuries sustained by the defective product, all injuries and symptoms you experienced as they present themselves. Also, make sure you keep the defective product, its original packaging if applicable and receipt from the place of purchase. It is important to not alter or damage the defective product further in any way. Any type of altering of the product could prevent you from collecting the compensation you deserve.

The laws in place regarding product liability can be complex and difficult to comprehend without the help of an experienced Colorado personal injury attorney. Furthermore, defendants in product liability cases usually are large manufacturers attempting to protect their product with seemingly unlimited resources. A well-informed and experienced Colorado personal injury attorney can help you protect your rights and receive the proper compensation needed after an encounter with a defective product.

How do I know if the product is defective?

• If a product contains inadequate instructions or cautions to foreseeable risks, it is a marketing defect.
• If a product is manufactured with a flaw of any kind, but is marketed and designed properly, it is a manufacturing defect.
• If a product is designed with foreseeable flaws that could prevent injury by an altered design, it is a design defect.

If a product is defective in the way that it is manufactured, marketed or designed, and a person is personally injured by that defect, the manufacturer, distributor and/or the seller of the defective product is held liable and is responsible for the consequences of said defect. Only a seasoned Colorado personal injury attorney can help you protect your rights and recover physically, mentally and emotionally, gaining the monetary damages deserved, and making sure that others do not sustain these same injuries.

Given the differences in which states and courts handle the issues of product liability, if you are injured by a defective product in Colorado you should immediately contact an attorney with requisite and verifiable experience in both Colorado personal injury cases and product liability cases.

If you are injured, what Information will your personal injury attorney need?

Thursday, September 17th, 2009

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!**

For more information about personal injury and Colorado personal injury attorneys, view here.

About Frank D. Azar & Assoc.

From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.

In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.

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