Experienced Legal Representation When Dangerous Products Injure Colorado Children
When a defectively designed or manufactured children’s product injures your child, manufacturers can be held strictly liable under Colorado law. In some instances, distributors and retailers may be held liable. Parents trust that toys, car seats, cribs, and other juvenile products meet safety standards, but dangerous products continue reaching the market. Colorado’s strict liability laws allow you to pursue compensation without proving the manufacturer was negligent. A Denver product liability attorney can help you hold responsible parties accountable for your child’s injuries and secure compensation for medical expenses and suffering.
Why Choose the Law Offices of Dianne Sawaya
Dianne Sawaya’s pre-medicine background helps her understand the complex medical issues involved in children’s injury cases. For over 30 years, she has fought for Colorado families against large corporations and their insurers.
When you hire our law firm, you can expect us to:
- Assess all legal options for your child to recover fair compensation for their injuries and suffering
- Hire the leading expert witnesses to assist with the case as needed
- Thoroughly investigate product defects and gather evidence supporting the claim
- Aggressively negotiate settlements that provide full compensation for your child
- Handle all matters related to the claim so you can focus on your child’s recovery
- Prepare the case for trial and fiercely argue in court if settlement is not possible
The Law Offices of Dianne Sawaya advances all costs of litigation, so you face no financial barriers to seeking justice. We work on contingency, meaning you pay nothing unless we recover compensation for your family. Our personal injury team treats every family with compassion while fighting aggressively against negligent manufacturers.
Types of Defective Children’s Products
Dangerous children’s products fall into several categories. Design defects exist when a product’s fundamental concept creates inherent risks, even when manufactured correctly. Manufacturing defects occur when errors during production make individual products dangerous despite a safe design.
Common defective children’s products include toys with small parts that pose choking hazards, cribs with entrapment risks, car seats with faulty buckles or structural weaknesses, clothing with strangulation hazards, and high chairs that collapse or tip over. Battery-operated toys present poisoning risks when button batteries become accessible to children.
Failure to Warn About Age-Appropriate Dangers
Manufacturers must provide adequate warnings about product dangers and appropriate age ranges. Failure-to-warn claims arise when products lack necessary safety instructions or age recommendations that would allow parents to protect their children.
Warning labels must be clear, conspicuous, and understandable. Products intended for older children require clear age recommendations, and products with particular hazards need specific warnings about those dangers. Inadequate warnings can make manufacturers liable even for products without design or manufacturing defects.
CPSC Recalls and Manufacturer Duties
The Consumer Product Safety Commission oversees approximately 15,000 types of consumer products, including children’s items. When the CPSC identifies dangerous products, manufacturers may voluntarily recall them or face mandatory recall orders.
Manufacturers have legal duties to report known defects and hazards to the CPSC within specific timeframes. Companies that delay reporting or attempt to conceal defects face significant penalties and increased civil liability. A recall does not eliminate your right to compensation if your child was injured before or during the recall period.
Strict Liability Standards in Colorado
Colorado applies strict liability to product defect cases, meaning you do not need to prove the manufacturer was careless or negligent. Instead, you must show the product was defective and that the defect caused your child’s injury.
This standard recognizes that manufacturers are in the best position to ensure product safety and should bear responsibility when products cause harm. You need only establish that a defect existed and proximately caused the injury, not that anyone failed to exercise reasonable care. Our product liability attorneys understand how to build compelling strict liability cases.
Serious Injuries from Defective Products
Children’s product defects can cause devastating injuries. Choking on small parts can result in brain damage or death within minutes. Entrapment in cribs or playpens can cause suffocation. Tip-overs from heavy furniture or improperly weighted products cause traumatic head injuries.
Burns from overheating electronics, poisoning from accessible batteries or toxic materials, and falls from collapsing equipment cause thousands of emergency room visits annually. The physical and emotional trauma affects both children and their families for years, requiring comprehensive compensation.
Compensation for Injured Children
Parents can pursue compensation for all damages their child suffers from a defective product. Economic damages include current and future medical expenses, rehabilitation costs, special education needs if injuries cause developmental impacts, and modifications to your home for serious injuries.
Non-economic damages compensate for your child’s pain and suffering, emotional trauma, and diminished quality of life. In cases involving particularly egregious manufacturer conduct, such as concealing known defects, punitive damages may apply to punish the wrongdoer and deter similar behavior.
How to Preserve Evidence After an Injury
Preserving the defective product is critical to your case. Do not throw away, repair, or alter the product in any way. Photograph it from multiple angles and store it safely. Keep all packaging, instructions, receipts, and documentation related to the purchase.
Document your child’s injuries with photographs and detailed medical records. Our Denver personal injury lawyers can arrange for expert examination of the product to identify specific defects and establish causation.
Protect Your Child’s Rights Today
If your child was injured by a defective product, you deserve a law firm that will fight for your family’s future. The Law Offices of Dianne Sawaya has helped thousands of Colorado families recover fair compensation. Contact us 24/7 for a free consultation. We are here to help you hold manufacturers accountable.
Frequently Asked Questions
Can I sue if the product was recalled after my child’s injury?
Yes. A product recall does not prevent you from pursuing a claim. In fact, a recall may actually support your case by demonstrating that the manufacturer acknowledged the product was dangerous.
What if I no longer have the defective product?
While preserving the product helps, you may still have a claim without it. Photos, medical records describing the injury mechanism, purchase receipts, and witness statements can help establish your case. Contact an attorney before disposing of any potentially defective product.
How long do I have to file a claim?
There is a limited amount of time to file product liability claims in Colorado. However, special rules may apply when the injured person is a minor. Consulting an attorney promptly protects your family’s rights and ensures critical evidence is preserved.