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Proving manufacturer liability in Colorado

Regardless of how careful a manufacturer is in producing a safe product, it may be liable for injuries sustained while using that product. However, it may be difficult to prove in court that a defective product was the main cause of an individual's injuries. In some cases, this is because it may be impossible to provide the defective product to be examined.

In other cases, it may be impossible to show that there were no other factors that led to an injury. For instance, if the brakes on a car failed and an accident occurred, other circumstances could have led to the accident or the injuries suffered by the driver. It could be argued that the driver reacted poorly to bad road conditions or to the actions of another driver.

If the car was severely damaged, it may not be possible to show in court that the brakes in question were defective at the time of the accident. This could lower the amount of compensation that the user of the defective product could ask for in court. It may even eliminate entirely the possibility of winning compensation from the manufacturer in a lawsuit. However, it may be possible to use the malfunction doctrine to prove a defective product caused an injury if enough evidence exists to rule out other possibilities.

In the event that an individual is injured using a product for its intended purpose, it may be possible to take legal action against its manufacturer under a theory of strict liability. Consulting with an attorney who has experience with products liability cases may be beneficial when considering taking legal action.

Source: Findlaw, "Challenges in Proving Manufacturing Defects", December 16, 2014

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