Colorado Products Liability Questionnaire

State:
Multi-State
Control #:
US-Q1034
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a product liability matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Essentially, with product liability claims you must prove that your injuries were a result of a defect, carelessness from another party, or negligence. With strict liability cases, you must prove that you used your product as intended.

In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous.

In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. In criminal law, possession crimes and statutory rape are both examples of strict liability offenses.

Strict liability is a legal doctrine under which liability is imposed upon the party who is found strictly liable for the injuries of damages even if that party was not at fault or negligent. It is liability imposed without regard to fault.

The Colorado statute of limitations for a product liability or defective product claim is two years from the date of injury, death or property damage, ing to Colorado Revised Statutes Section 13-80-106.

Strict liability crimes in Colorado are crimes that do not require the prosecutor to prove fault. Instead, the prosecutor only has to prove is that you did the thing that breaks the law. Unlike most crimes, strict liability crimes do not require you to act with a wrongful state of mind.

A plaintiff suing under a theory of strict liability will need to show that there was a defect, that the defect actually and proximately caused the plaintiff's injury, and that the defect made the product unreasonably dangerous.

Colorado requires manufacturers to determine how the average consumer will use and misuse their products. If a person uses or misuses a product in a foreseeable way and that use or misuse hurts someone, the defendant will be held strictly liable.

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Colorado Products Liability Questionnaire