Product defect and product liability cases are generally very time consuming and challenging cases to take on. This is due in large part to manufacturers having both the financial and manpower resources to fight these cases for years on end. As a result of this, a Plaintiff’s attorney has to be willing to devote the time and expense that goes along with these type of cases. Here at Kidneigh & Kaufman, our Denver personal injury attorneys are willing to do both, and in fact have been successful in doing so.
When working on a product defect case, our Denver accident attorneys go above and beyond to determine where the manufacturer dropped the ball. For instance, did they not only test their product, but did they do testing in all foreseeable ways and environments in which their products are used and misused. Was the testing legitimately done to really try to find hazards if they existed. Were steps taken to design out the hazards once detected, or to guard against the hazards if they could not be designed out without impacting the utility of the product. We look at the manufacturer warnings and focus in on whether they were clearly written and did the manufacturer do anything to make them stand out by way of placement, size, or color, or were the warnings tucked neatly away somewhere amidst a great deal of small print. We also compare a manufacturer’s defective product with the same product made by its competitors and with the state of the art to show that the product could have been made safer at a reasonable cost and other manufacturers were doing just that.
There are other concerns as well, such as looking at whether the product manufacturers funded the scientific studies they utilize to argue the product is safe when it isn’t. We also check to see whether there are misrepresentations associated with the product, such as when a trusted company name appears on the product to induce consumers into buying that brand, although in truth that company merely licenses its name to the actual manufacturer and otherwise has nothing to do with the product.
If you have a product defect claim, call Kidneigh & Kaufman’s Denver Injury Attorneys today at 303-393-6666 for a free consultation.
Filed under: Articles by Jennifer Crichton
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