Defective Products and Catastrophic Injuries — What Colorado Victims Should Know

Every year, thousands of people across Colorado are seriously injured — or killed — by products that were poorly designed, improperly manufactured, or sold without adequate warnings. Exploding pressure cookers. Defective vehicle components. Dangerous pharmaceutical devices. Faulty industrial equipment. Products that consumers trusted to be safe.

When a product causes a catastrophic injury, the manufacturer, designer, or seller may be legally responsible — regardless of whether they intended any harm. This area of law is called product liability, and it is one of the most complex and fiercely contested fields in American civil litigation.

Here is what every Colorado victim needs to understand.

The Three Types of Product Liability Claims

Not all defective product cases are the same. Colorado law recognizes three distinct theories under which a product manufacturer or seller can be held responsible for your injuries.

Understanding which theory — or combination of theories — applies to your case is one of the first things a qualified product liability attorney will assess. Each requires different evidence, different experts, and a different legal strategy.

Who Can Be Held Responsible?

One of the most important things to understand about product liability law in Colorado is that liability can extend across the entire supply chain — not just the company whose name is on the box.

• The original product designer or engineer
• The manufacturer of the product or its components
• The company that assembled the final product
• The wholesaler or distributor who brought it to market
• The retailer who sold it to you
• In international cases — overseas manufacturers and importers

This matters enormously in cases involving products made abroad. Beth Klein has specific experience with complex international product liability cases, including those arising from manufacturing in Taiwan and China — where identifying the responsible party and navigating cross-border legal issues requires a level of expertise that most Colorado attorneys simply do not have.

“In a product liability case, the product itself is the evidence. Preserving it — before it is repaired, discarded, or returned — can make or break your claim.”

Common Defective Products That Cause Catastrophic Injuries

Product liability cases span virtually every consumer and industrial category. Some of the most common types Beth Klein handles include:

• Exploding or fire-prone appliances (pressure cookers, gas grills, blenders)
• Defective vehicle components (airbags, brakes, tires, seatbelts)
• Dangerous power tools and industrial equipment
• Faulty medical devices and implants
• Children’s products with design or manufacturing defects
• Defective recreational equipment (bikes, ATVs, ski equipment)
• Toxic or contaminated consumer goods
• Inadequately tested pharmaceutical products

If you are unsure whether your injury was caused by a defective product, that question itself is worth exploring with an experienced attorney. The cause of a serious injury is not always obvious — and product defects are frequently discovered only after a thorough investigation.

What You Need to Prove in a Colorado Product Liability Case

Colorado follows a strict liability standard in product defect cases, which means you do not necessarily have to prove the manufacturer was negligent. You need to show:

• The product was defective (in design, manufacturing, or warnings)
• The defect existed when the product left the manufacturer’s control
• You were using the product in a reasonably foreseeable way
• The defect was a cause of your injury
• You suffered actual damages — physical, financial, or both

Colorado’s Product Liability Laws — What’s Different Here

Colorado has several specific rules that make product liability cases here distinct from other states.

Statute of Limitations

In Colorado, you generally have two years from the date of injury to file a product liability claim. However, there is also a statute of repose — meaning that even if you were not injured until years later, claims involving products more than ten years old may be time-barred. Acting quickly is not just advisable — it is legally essential.

Comparative Fault

Colorado follows a modified comparative fault rule. If you are found to be partially responsible for your own injury, your damages may be reduced proportionally. If you are found to be more than 50% responsible, you may be barred from recovery entirely. Defense attorneys aggressively pursue comparative fault arguments — you need an advocate who knows how to counter them.

Damages in Colorado Product Liability Cases

If your claim succeeds, you may be entitled to recover:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Punitive damages — when the manufacturer’s conduct was particularly reckless or egregious

Why Product Liability Cases Are So Difficult — and What to Do About It

Product liability cases are among the most heavily defended in all of civil litigation. When you file a claim against a product manufacturer, you are typically going up against a corporation with substantial legal resources, in-house counsel, and teams of defense experts whose job is to undermine your case.

These cases require engineering experts, medical specialists, economic analysts, and — in international cases — foreign legal expertise. They require an attorney who not only understands the law but is genuinely prepared to take the case to trial if the manufacturer refuses to offer fair compensation.

Manufacturers and their insurers know which attorneys settle and which ones don’t. That knowledge shapes every offer they make. Choosing a lawyer with a documented track record of winning product liability cases at trial — not just settling them — is the single most important decision you will make.

“We stood for promoting safer products long before it was fashionable. Every verdict we win sends a message that negligent manufacturers will be held accountable.”

What to Do If You Were Injured by a Defective Product in Colorado

If you or a loved one has been seriously injured by what you believe may be a defective product, take these steps as soon as possible:

• Seek medical care immediately— your health comes first, and medical records are critical evidence
• Preserve the product— do not repair, return, or discard it under any circumstances
• Document everything— photograph the product, your injuries, the scene, and anything else relevant
• Keep all packaging and receipts— proof of purchase, lot numbers, and warning labels all matter
• Do not give a statement to the manufacturer’s insurance company— speak with an attorney first
• Contact a qualified product liability trial attorney— the sooner, the better

Beth Klein has represented clients in some of the most complex product liability cases in the country — including international cases, class actions, and cases involving products made overseas. She accepts a limited number of cases and takes on only those she is fully committed to fighting. If she takes your case, it will be prepared for trial from day one.