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Failure to Warn Lawyer

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Colorado Failure to Warn Attorneys

Consumers expect their recently purchased products to have all the information needed to make it work safely. If you purchased, opened, and used a product that injured or put you at risk, turn to Fiedler Trial Lawyers to build a case.
 
You hold product manufacturers and retailers to a particular standard, even if you don’t consciously realize it. They should arm each customer with sufficient knowledge about how to safely use a product and any risks that come with using it. You could hold them liable for a failure to warn when they don’t provide that essential information. 
 
The legal team at Fiedler Trial Lawyers in Denver, Colorado, understands the delicate consumer-retailer relationship and how complex product laws balance it by protecting each party. If a manufacturer, distributor, or retailer’s product error harmed you, contact us today to request a free consultation. 

Has a Defective Product Caused You Harm?

Let’s break down what a product defect is and how to categorize it. A defective product has an identifiable issue with its construction, design, or marketing. The flaw harms the buyer or related parties in some way, despite them using it as the retailer or manufacturer intended. We outlined three common types of product defects below: 
 

Defective Designs

Product producers usually engineer their products with care. However, they sometimes have flawed designs that threaten their intended consumers. For instance, say you purchase a teething toy for your toddler. Ideally, your toddler can safely chew on the toy with zero risks. Instead, they chew off and choke on a piece of material. The designers used materials that weren’t sturdy enough to withstand the teething toy’s intended use, making the product design defective. 
 

Defective Manufacturing

Factories follow strict specifications to produce well-designed products. A facility sometimes makes a mistake by using the wrong materials, improperly building the product, or integrating inaccurately measured parts. These manufacturing mistakes can contribute to a defective product that may harm consumers or their properties.
 
For instance, you decide to try out a new shampoo. After lathering the formula into your scalp, you feel a burning sensation. Your hair falls out in patches, and your scalp has a rash. An investigation turns up evidence that the manufacturer added a caustic ingredient to a product batch that should never go into beauty products. 
 

Failure to Warn

Finally, failure to warn occupies its own arena. A retailer, manufacturer, or distributor fails to warn consumers when it doesn’t supply enough information for consumers to properly use or avoid the product. You cannot make an informed purchasing decision without reading instructions, warnings, or assembly directions. 
You might buy a non-stick pan so that you can cook dinner with less of a mess. Your spouse develops cancer after years of repeatedly using this frying pan. As it turns out, the nonstick substance coating the cookware’s inside is a known carcinogen. Had you known about the risks associated with the materials, you would never have purchased or used that frying pan. 

What Does Failure to Warn Mean in Colorado?

We’ll dive a little deeper into what failure to warn covers and how strict liability applies to such cases. It’s possible that the party responsible for the defective product intentionally attempted to mask its potential dangers. Maybe the lack of product information was a mere oversight.
Strict liability means the intent doesn’t matter—only the harmful consequences do. So, the injuries you sustained, the money you lost, and the health conditions you developed because a product manufacturer didn’t properly warn or inform you can outweigh an innocent mistake or intentional misrepresentation. A failure to warn attorney from Fiedler Trial Lawyers can determine whether to build your case on one of the following failures: 
 

Unclear or Missing Warnings

When product designers or manufacturers mass-produce items, they must provide a conspicuous warning on all product packaging if the finished product poses any risks. You’ve probably seen the following common examples:
  • Choking hazards: Many toys feature small, removable parts that a young child could choke on without adult supervision. Product designers should forewarn parents about these hazards and provide appropriate age recommendations. 
  • Electrical shocks: Every electrical appliance or device you own can potentially electrocute you. Each product, container, or instruction manual should warn you about this risk and show you how to avoid it. 
  • Chemical labeling: Some products contain toxic, flammable, or corrosive chemicals in their formulas. Look for proper use instructions and warnings on the containers. 
  • Extreme heat cautions: Some appliances, like stoves and dryers, become hot when operating. Manufacturers must warn consumers about when they can safely touch a heated surface. 
  • Dangerous moving parts: A power tool, such as an electric drill, can injure the user if loose clothing, fingers, and hair contact it. The product box should warn consumers about potential injuries. 
You should be able to clearly see and unquestioningly understand any product warnings. Otherwise, you use the product without understanding how to prevent accidents. 
 

Intended Product Use

Your attorney must prove you used the product as the designer originally intended. Otherwise, a Colorado court could rule that predictable misuse caused the injury, not a failure to warn on the manufacturer’s or designer’s part. Predictable misuse means the consumer didn’t use the product as intended.
When you use a product as intended, you:
  • Wear any recommended safety gear. You might need personal protective equipment before you use some products. Wearing goggles, thick gloves, and safety guards while you use a power saw is a great example of this. 
  • Ensure the atmosphere and setting match the safety instructions. It might sound strange, but some products need specific temperatures, humidity, and other environmental requirements to safely work. Many retail insecticides need dry weather to do their job, while others only work when dampened. 
  • Don’t use the product for purposes not listed in the instructions. If someone uses a pocket knife to pull a nail out of the way, they don’t use the knife for its intended purpose. So, if they cut themselves in the process, they are at fault, not the knife manufacturer. 
  • Take any additional precautions outlined in the directions. Some products have extra requirements for safe, proper use. For instance, you can let your five-year-old child play with certain toys as long as you or another trusted adult are nearby to intervene. 
Your Colorado attorney will help you gather evidence and develop a narrative that shows you followed all directions and recommendations yet still sustained an injury.
 

No Clear Instructions

What if the product’s instructions didn’t make sense? Or worse, the packaging didn’t feature any instructions? You can hold the manufacturer liable for leaving out these essential details. Every consumer should know:
  • The product risks
  • All intended uses
  • How, when, and where to use the product
How do you know you are using an item safely if the manufacturer doesn’t inform you?

How a Failure to Warn Can Affect You

A manufacturer or designer’s failure to warn doesn’t just lead to superficial cuts, scrapes, and other cosmetic inconveniences. Their negligence can be life-altering and lead to serious injuries that affect the way you live, socialize, and work. A reputable attorney in Denver, Colorado, will urge you to look at the bigger picture when considering whether to build a case and request compensation. 
 

Injuries and Disabilities

Many injuries heal without permanent damage, but some have lasting impacts on your health. Sometimes, the injury develops over time, and you won’t realize the risks until years later. Some examples that can lead to health complications that may develop down the road include:
  • Pesticides and other lawn care chemicals that omit warnings regarding carcinogenic chemicals can make consumers sick after years of use with no protective equipment. 
  • Toddlers playing with toys containing tiny pieces may ingest these parts. If a piece becomes wedged in a child’s throat, the child may develop life-long disabilities due to a lack of oxygen for an extended period.
  • You might take an over-the-counter medication for pain that affects your prescribed blood pressure medicine. The label didn’t warn you to speak with your doctor if you take such prescriptions, so you suffer from a stroke later. 
These health problems, while extreme, are more serious than the average cut or scratch that somebody might initially associate with a defective product. Defective products can lead to serious illnesses and medical complications later in life. 
 

Financial Loss

No matter how severe your injury is, you may need professional medical attention to protect you from an infection, worsening injuries, or other complications. You will likely have to pay for these expenses with your own money, even though the defendant is the one who should cover these costs.

What Should You Do When Facing a Defective Product or a Case for Failure to Warn?

If you believe a failure to warn has caused you harm and negatively impacted your life, independence, or health, your first move should involve seeking immediate medical attention and asking your healthcare providers for copies of their medical reports. Don’t forget to ask family members or other household occupants to salvage the product, packaging, and any other materials that came with it. Your attorney can use these items to build your case. 
 
Next, you should book a consultation with a Colorado lawyer. Share all the evidence and information you currently have with them. They can investigate further, searching for other parties harmed by the same products and creating a timeline for a clear narrative.

What Compensation Could You Receive From a Failure to Warn Case in Colorado?

If you’ve been harmed by a defective product, there are a number of different ways that your attorney will be able to help you recover damages. You can access the following types of compensation:
  • Reimbursement for out-of-pocket expenses: The money you paid to cover medical costs, recovery, and other damages should go back into your pocket. 
  • Coverage for medical bills, rehabilitation, and other care-related expenses: Stays in rehab facilities and weeks of occupational or physical therapy are incredibly expensive. You shouldn’t have to pay for someone else’s mistakes.
  • Mental anguish and permanent life changes: You can’t put a price on traumatic life changes and other arrangements to accommodate your life post-injury, but you can use the compensation to reintegrate yourself in a healthy, feasible way. 
  • Wage compensation: If you sustained a severe injury, you might be out of work for a while. You might also be unable to work in the same position or in your original field. An attorney will be able to help you seek compensation for lost wages and lost future earnings. 
  • Punitive damages: Some judges may award compensation beyond the injury scope in order to penalize the defendant.

Trust Fiedler Trial Lawyers in Denver, Colorado, With Your Failure to Warn Case

A failure to warn can often have severe consequences that might affect multiple consumers, including you. Contact Fiedler Trial Lawyers for a free case review in Denver, Colorado. Choose a legal team dedicated to advocating for victims of defective products and their families. Call now to request a free consultation. 

Frequently Asked Questions About Failure to Warn in Colorado

Defective product cases are complex, especially when they involve a failure to warn. We briefly touched on some questions our Colorado clients ask:
 

What Does Heeding Presumption Mean in Failure to Warn Cases?

Heeding presumption in failure to warn cases means that you would have followed instructions and heeded warnings to reduce potential harm if you had access to the information. It holds the responsible parties accountable for not readily supplying much-needed product information. 
 

Are Duty to Warn and Duty to Protect Different?

Yes, duty to warn and duty to protect differ in legal terms. Duty to warn means informing someone that they are in active danger because of a situation, while duty to protect means preventing harm by informing someone of potential risks and how to avoid them. 
 

What Causes a Manufacturer Not to Warn Consumers?

Insufficient product testing, not predicting product misuse, and unclear instructions or warnings cause a manufacturer to not warn consumers about their products. Failure to warn typically implies a lack of informative warnings, proper use directions, and other product details.

Practice Areas

Trucking Accidents

Bad Faith Insurance Claims

Motor Vehicle Accidents

Motor Vehicle Accidents FAQ

Medical Malpractice

Catastrophic Injuries

Wrongful Death

Frequently
Asked Questions

What to do after a car accident?

If you’ve been injured in an accident, there are several important steps you should take to protect your health and legal rights
  • Dial 911 – Emergency Services. Get checked out by emergency responders, even if you think injuries are minor, you should always get evaluated. If the accident involved a motor vehicle, file a report with the police This documentation could be important later on.
  • Document the Scene: If possible, take photos of the accident scene, your injuries, and any damage to vehicles or property. Collect contact information from witnesses and others involved in the accident READ MORE…

When involved in a personal injury claim, the process can be very intimidating. Many individuals facing this situation are often dealing with life-altering injuries, high medical bills, financial hardships and find themselves feeling very vulnerable.

Hiring a personal injury lawyer can be beneficial in a variety of situations, particularly when you have sustained significant injuries or damages due to someone else’s negligenceREAD MORE…

After being injured in an accident caused by someone else’s negligence, you may be wondering if you actually need to hire a personal injury lawyer. You would want to consult with an attorney, because in most cases, there will be an opposing party in your case that will be working against you. Choosing the right personal injury lawyer for your case is important to ensure you receive the best possible representation and outcome. Hiring a Denver Personal injury lawyer that specializes in that area of law is crucial, to ensure that you are getting proper representation, and your case is in good hands. Having an experienced lawyer like FIEDLER Trial Lawyers is helpful and provides powerful representation.

Here are some tips to help you choose the right lawyer:READ MORE…

The cost of hiring a personal injury lawyer can vary depending on the lawyer and the specifics of your case. However, personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. Here’s how the contingency fee structure typically works and other potential costs to consider:

Contingency Fees: Percentage of Recovery: If the lawyer works on a contingency fee basis, they will take a percentage of the settlement or judgment amount you receive if you win your case. This percentage is typically around 33% to 40% but can vary depending on the lawyer and the jurisdiction.

No Win, No Fee: If you do not win your case, the lawyer will not charge you for legal fees. However, there may still be other costs you could be responsible for (discussed below).RAED MORE…

In a personal injury claim, you may be entitled to several types of compensation, also known as damages, to address the losses and injuries you’ve suffered due to someone else’s negligence or wrongdoing. The types of compensation typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages. Here’s an overview of each:

Economic Damages: These damages are intended to compensate you for actual financial losses resulting from the injury:

Medical Expenses: Compensation for past, current, and future medical costs, including hospital bills, surgeries, medications, rehabilitation, and any other necessary medical treatment. READ MORE…

The value of a personal injury case can vary greatly depending on several factors unique to your situation. Since each case is different, there is no standard formula to calculate the exact value. However, here are some key factors that generally affect the worth of a personal injury case:
Severity of Injuries: The more serious and long-lasting your injuries, the higher the potential value of your case. This includes considering whether your injuries result in permanent disability or disfigurement.
Medical Expenses: Your case will take into account all medical expenses you have incurred, as well as future medical costs related to your injury.
Lost Wages and Earning Capacity: The case can include compensation for lost income due to time off work and any future loss of earning capacity if your injuries affect your ability to work.READ MORE…

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I want to take this opportunity to thank this team for everything they did for my family. James and Ken worked on my case with the dedication and tact that you need the most. They fought for my family like I was part of theirs and made me feel seen and heard. This is the type of law firm you want and…
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a year ago

Ken and his staff are top notch! Ken helped my son and I with our auto accident case. He always took the time to answer our questions or explain things in more detail if needed. Ken is honest, straightforward, and a pleasure to work with. I will always recommend Ken and his team and…
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