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One of the most confusing parts of a personal injury lawsuit is determining where to file it. Personal injury lawsuits are filed in the local branch of your state civil court. This means that if you live in Denver, Colorado, and you are injured in an accident, you may file your personal injury lawsuit with the 2nd Judicial District/Denver County Court. Defective and dangerous product claims are a type of personal injury claim, even though there are a few elements that set them apart from claims like car accidents and dog bites. But like other types of injury claim, a product liability claim requires the claimant to provide evidence to support his or her claim.
You do not have to file your dangerous product lawsuit in the state where the product's manufacturer is based. If you did, you could potentially have to travel across the country or even across the world to file your claim. Product liability laws are enforced at the state level, which means that the laws applicable to your dangerous product case are Colorado's laws about negligence and liability in an injury claim. In Colorado, you must file your claim within two years of being injured or within two years of the date that the injury should reasonably have been discovered. If you do not file your claim within this time frame, you can lose the right to recover compensation for your damages.
There are multiple parties who could be at fault in a product liability claim. Depending on the circumstances of why you had the product and how it injured you, you can potentially file your claim against any of the following parties:
The product's manufacturer;
The product's distributor; or
The product's retailer.
For example, if a certain retailer continued to carry a dangerous product after it had been recalled, the retailer can potentially be liable for your damages because it was negligent by failing to take the item off its shelves. If your injury was due to a faulty design or a failure to warn users of potential risks of injury when using the product, the product's manufacturer may be held liable for your damages. Sometimes, more than one party may be liable for the damages a victim suffers from a dangerous product.
If you have been injured by a dangerous product in Denver or elsewhere in Colorado, work with an experienced dangerous product lawyer who can help you seek the compensation you deserve. A dangerous product claim is not the same as other types of personal injury claims because instead of being against another individual for his or her negligence, it is against a company that should have taken care to recall a defective item. Your lawyer can discuss these differences in greater detail with you and file a dangerous product lawsuit on your behalf.