Defective Products (Products Liability)

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. David Downs is an experienced and knowledgeable personal injury lawyer who can advise you on whether you may have a claim against a product manufacturer or seller and can help you recover the damages to which they are legally entitled. David Downs has recovered millions of dollars from manufacturers and retailers of defective products.

Personal injury can result from the use of dangerous or defective products. “Products liability” law refers to the rules governing a manufacturer or other provider’s liability for products that harm consumers and workers. The laws in this area are based on the idea that manufacturers, dealers, and other commercial interests are best-placed to prevent harm from defective or dangerous products. Companies that allow dangerous items into the marketplace can be held accountable for resulting injuries.

There are essentially three kinds of product defects:

  1. Manufacturing Defect
  2. Design Defect
  3. Marketing Defect

“Manufacturing defects” are a common basis for products liability cases. For example, If only one out of a thousand consumer’s propane barbeque blows up when first lit, it’s pretty clear that there is a “manufacturing defect” in that one product (i.e. the manufacturer forgot to tighten the bolts).

 A “design-defect” case could arise if all of the barbeques manufactured had the same problem because of a flaw in the design of the item.

A “marketing defect” is somewhat complicated but can mean that the manufacturer of the product failed to place adequate warning labels on the product which would clearly warn the user of a potential danger. (i.e. the warning labels on aerosol cans that state “do not puncture or place near an open flame” 

 In either case, the victim needs to show that the defect existed when it came into his or her hands and that that defect caused the injuries in question.

As in other personal injury cases, if a products liability victim proves his or her case, the manufacturer or other responsible party can be responsible for paying damages, which may include:

  • Compensation for injuries or deaths
  • Medical expenses (past and future)
  • Property damage
  • Lost wages
  • Pain and suffering
  • Other financial awards, including compensation to family members.

David Downs began his legal career defending product manufacturers against products claims.  Today, David now represents the rights of injured people against the companies that manufacture, design and market defective products. He understands how big manufacturers and corporations make their products and put them into the market place. If you have been injured by a product, you need a skilled personal injury and products liability law attorney to advise you. Please email  or call David Downs 970-247-8020 for a free consultation.


20+ years of experience

Millions recovered for our clients

Licensed in Colorado and Texas

No recovery, no fees*

*Costs may apply in some cases.

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