Products Liability (Defects in Manufacturing and Design)
Under Colorado and most state law, the manufacturer and anyone who sells the defective product may be liable for injuries caused by the product. Any consumer product can be considered dangerous or defective, including motor vehicles, baby products and toys, tools, building materials, medical devices, and pharmaceutical products, for a number of reasons. A manufacturing defect happens when a product is not made according to specifications given to the manufacturer and this causes, or contributes to, the injury. For example, if a manufacturer forgets a bolt while assembling a table saw, and that causes the table saw to spin loose and injure someone, the table saw would have a manufacturing defect. A manufacturing defect typically only affects a small number of otherwise safe products. A design defect occurs when the product works the way it is supposed to work, and is built according to specifications and designs, but the design itself is unreasonably dangerous. An example of this kind of a defective product is a table saw that is designed with its power button placed too close to the blades of the saw, so that it forces a person to place their hand/arm in dangerous proximity to the blades in order to turn the machine on. A design defect affects an entire line of products. If a design defect is responsible for multiple injuries, a class action suit may be filed on behalf of consumers. Additionally, you may also have a claim for injuries that are the result of a product that is known to be potentially dangerous but does not provide recommended safety precautions or a proper warning to consumers about the correct way to use the product. For example, an over-the-counter drug that does not provide a list of possible side effects or potentially dangerous interactions with other drugs would have an inadequate warning.
Most cases involving product defects or inadequate warning require early and thorough investigation and a superior understanding of the law. The attorneys at The Law Firm of William Babich, LLC, can review your case and examine any potential liability. It is also important to contact an attorney immediately in order to prevent similar harm to other people who are using the same or similar product. In Colorado and across the country, numerous individual and class action claims involving pharmaceuticals and defective products are filed by attorneys to help protect consumers from unsafe drugs, medical devices, household appliances, automobiles, and other products.