Defective Products

We trust that the products we buy and use will help us in the way they’re advertised and that they’re safe to use as indicated. However, defective products hurt people all the time. Exploding airbags[1], hernia meshes that get stuck to internal organs[2], talcum powder causing ovarian cancer[3], and medications causing internal bleeding[4] or increasing the risk of kidney failure[5] are just a few unreasonably dangerous or defective products. When products harm people, the manufacturers and distributors may be liable for the harm caused.

What Is Product Liability and What Claims Could Be Made?

Product designers, manufacturers, and distributors are responsible for putting safe products on the market. Product liability claims can arise in a few different ways. The product’s actual design could be the reason why it causes harm, even if all the materials that went into the product were fine and nothing went wrong in manufacturing. For example, a ladder may be designed to be lightweight and easy to carry, but in designing the ladder that way, it won’t hold more than 90 lbs. before collapsing.

Another type of product liability arises from manufacturing defects. This occurs when an otherwise safe product is manufactured incorrectly so that it has flaws that make it likely to harm someone. For example, a ladder is designed to hold 300 lbs., but the manufacturer fails to follow instructions and uses weak materials that make it unable to hold more than 80 lbs. without collapsing.

A product can also be unreasonably dangerous if it lacks appropriate warnings regarding and for using the product. For example, if you’ve ever bought a hairdryer, you probably noticed a tag around the cord warning you not to use it while standing in water (that means standing in a puddle on the floor, too) or you’ve seen toy packages warning the consumer not to give it to children under a certain age because the toy contains small parts. Product manufacturers are responsible for warning consumers of known dangers associated with using the product. If someone is hurt because they weren’t warned about the inherent dangers of a product or in using the product a certain way, they may have a claim for damages.

Kidneigh & Kaufman has been helping products liability victims seek justice and compensation for their injuries. Over 30 years ago, Steve Kaufman handled the first tampon-related toxic shock syndrome case[6] in the country against Proctor & Gamble. Kidneigh & Kaufman continues to help victims of product liability, more recently with cases involving defective heaters, ATV roll-cages, airbags, and seatbelts, as well as improper labeling, and unreasonably dangerous prescription drugs.

If you’re injured  due to a dangerous or defective product, you may have a claim against the product manufacturer. However, these are complex cases, and you’re usually going up against huge companies, so you need an experienced products liability attorney at your side. The attorneys at Kidneigh & Kaufman, P.C. are experienced in representing clients in product liability cases and in winning them. Call us at 303-393-6666.

[1] Consumer Reports. Takata Airbag Recall: Everything You Need to Know. https://www.consumerreports. org/car-recalls-defects/takata-airbag-recall-everything-you-need-to-know/. (Updated Apr. 5, 2018)

[2] Terry Turner. Hernia Mesh Lawsuits. https://www.drugwatch.com/hernia-mesh/lawsuits/.

[3] Matt Mauney. Talcum Powder Lawsuit: J&J, Imrys to Pay $80M in Punitive Damages. https://www.asbestos.com/news/2018/04/11/johnson-johnson-talcum-powder-punitive/ (Apr. 18, 2018)

[4] Tina Bellon. Jury orders Bayer, J&J to pay $28 million in Xarelto lawsuit. https://www.reuters.com/ article/us-bayer-xarelto/jury-orders-bayer-jj-to-pay-28-million-in-xarelto-lawsuit-idUSKBN1DZ2NH. (Dec. 5, 2017).

[5] Nexium Lawsuits Ready to Move Forward, As Federal Court Overseeing Proton Pump Inhibitor Kidney Damage Claims Schedules Initial Conference, Bernstein Liebhard LLP Reports. http://markets.businessinsider.com/news/stocks/nexium-lawsuits-ready-to-move-forward-as-federal-court-overseeing-proton-pump-inhibitor-kidney-damage-claims-schedules-initial-conference-bernstein-liebhard-llp-reports-1002272747. (Aug. 21, 2017)

[6] Procter & Gamble’s head of product safety testing, testifying… https://www.upi.com/Archives/ 1982/03/11/Procter-Gambles-head-of-product-safety-testing-testifying/2672384670800/?spt=su. (Mar. 11. 1982).

Testimonials

“I had an excellent experience at Kidneigh and Kaufman. I was in an auto accident and had severe injuries. Kidneigh and Kaufman helped me get the medical treatment I needed, as well as a wonderful settlement with the insurance company. Everyone at Kidneigh and Kaufman was very caring and understanding of my situation, and especially supportive when my husband passed away during the case. Attorney Charlie Crichton was particularly wonderful and I would give him and the Kidneigh and Kaufman firm 5+ stars.”

Grace Collier - Former Client

“After I was injured in a serious auto accident, I was in a lot of pain and didn’t know what to do. Having been involved in her own accident several years earlier and hired Kidneigh & Kaufman to help her, my girlfriend told me I needed to speak with attorney Jennifer Crichton. I’m so glad I did. I had a great experience with Kidneigh & Kaufman and Jenny was there by my side all the way. Kidneigh & Kaufman is definitely a 5 star law firm. I certainly got my money’s worth by going to Kidneigh & Kaufman.”

Joel Fisher - Former Client

Success Stories

The Client Nobody Wanted

Her name was “Amy” (not her real name) and she was 13 years old. The problem was her step-grandfather had been having sex with her from the time she was 9 until she was 11, when he was finally caught. The step-grandfather admitted to the investigating detective most of what he did, aside from...

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The Baby That Needed Help

The baby would be turning two years old in a couple of days. Little Pablo (not his real name) could not see, or talk, or even crawl let alone walk. Leave him alone to sit and he would more likely than not tip over. He could not eat without choking so they fed him a liquid formula through a tube that...

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The K&K Difference

  • Over 30 Years in Business

    For over 30 years, Kidneigh & Kaufman has been dedicated to helping personal injury victims, which means we have a proven track record of success.

  • We Only Represent Personal Injury Victims

    Kidneigh & Kaufman only represents injured victims, never insurance companies or corporations. For over 30 years, we have been wholly devoted to helping individuals.

  • Trial Experience

    In 1982, Steve Kaufman had the honor of trying the first Toxic Shock Syndrome case to go to trial in the country against Procter & Gamble and its Rely tampon, obtaining a verdict in favor of a teenage girl who had almost died. Since then, Kidneigh & Kaufman has taken on corporations and insurance companies in courtrooms throughout Colorado as well as the Colorado Court of Appeals, the Colorado Supreme Court, and the 10th Circuit Court of Appeals. All told, the attorneys at Kidneigh & Kaufman have tried nearly 100 cases to verdict.

  • We Only Get Paid if You Get Paid

    Kidneigh & Kaufman handles all cases on a contingency fee basis, which means we only get paid if you get paid. We will never ask you for a retainer and you never have to worry about us sending you a bill for our time. You can rest assured knowing that we will do everything to obtain fair compensation since we only get paid when you do.

  • Committed to Our Clients

    Kidneigh & Kaufman is totally devoted to its client. We get back to all clients within 24 hours and our attorneys can even be available by cell phone on nights and weekends when necessary. If you ever want to know what's going on with your case, feel free to just give us a call, send us an email, or text us. We are always available for our clients.

  • We Handle It All

    Kidneigh & Kaufman handles all aspects of your personal injury claim. If you are in a car accident, we can help you with your property damage and medical payments coverage at no additional charge to you. Not only we will negotiate a settlement, but we will also help you with your medical bills and health insurance as part of our representation of you.

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Firm Overview

What to Expect for Your Case

You Are Involved in an Accident

You are stopped at a red light, waiting for the light to change and you get rear-ended.

You are walking toward the deli counter at the grocery store, and you slip and fall in the beverage aisle.

Your insurance company denies your claim for the hail damage from the storm in your neighborhood.

What do you do when an accident happens? First, check to see if you are injured. If you are injured, be sure to seek immediate medical attention. You also want to be sure to document everything. If you are involved in a motor vehicle accident, then be sure to take photos, obtain the other driver’s insurance information, and contact the police. If you slip and fall at a grocery store, make sure you complete an incident report, obtain witness information, and take photos. If you have a dispute with your insurance company, make sure you document all of your correspondence and communication.

Contact An Attorney

Be sure to contact an attorney about your accident as soon as possible following your accident.

An attorney can help guide you through the process of making a claim with an insurance company, which is an unfamiliar process for most people. An attorney can makes sure that the correct parties and entities are notified and that your accident and injuries are well documented. Not only can an attorney help you with this process, but hiring an attorney gives you the peace of mind knowing that things are being done the right way.

Accept a Settlement or Proceed to Litigation

Does it make sense to accept a settlement or file a lawsuit?

You have completed your medical treatment and your attorney has submitted a demand to the insurance company. At this time, the insurance company may be willing to make a settlement offer to resolve the case. Your attorney will help you decide whether to accept a settlement or proceed with a lawsuit against the opposing party.

Litigation

You filed a lawsuit against the opposing party so what happens now?

When you file a lawsuit against another party, then the litigation process begins. The insurance company will likely hire a well-qualified attorney to represent its Defendant and the case will be assigned to a judge and courtroom. Attorneys will send written discovery, obtain documents, and take depositions. The attorneys are doing everything they can to prepare the case for trial and to find out more about the other side’s case. The parties may still try to resolve the case either informally or with a mediator.

Trial

What happens in a trial?

The parties are unable to resolve the case so they go to trial. The attorneys and the judge pick a jury to decide the case. Then each attorney makes an opening statement. Next, the injured party’s attorney presents his case, which usually includes testimony from the injured party, any witnesses, medical providers, and hired experts. Then the Defendant’s attorney has the opportunity to present his case and call his own witnesses and present his own evidence. After jury instructions, each side makes a closing argument, trying to convince the jury to find for their side. Finally, the jury must agree on a verdict.

  • 1You Are Involved in an Accident

    You Are Involved in an Accident

    You are stopped at a red light, waiting for the light to change and you get rear-ended.

    You are walking toward the deli counter at the grocery store, and you slip and fall in the beverage aisle.

    Your insurance company denies your claim for the hail damage from the storm in your neighborhood.

    What do you do when an accident happens? First, check to see if you are injured. If you are injured, be sure to seek immediate medical attention. You also want to be sure to document everything. If you are involved in a motor vehicle accident, then be sure to take photos, obtain the other driver’s insurance information, and contact the police. If you slip and fall at a grocery store, make sure you complete an incident report, obtain witness information, and take photos. If you have a dispute with your insurance company, make sure you document all of your correspondence and communication.

  • 2Contact An Attorney

    Contact An Attorney

    Be sure to contact an attorney about your accident as soon as possible following your accident.

    An attorney can help guide you through the process of making a claim with an insurance company, which is an unfamiliar process for most people. An attorney can makes sure that the correct parties and entities are notified and that your accident and injuries are well documented. Not only can an attorney help you with this process, but hiring an attorney gives you the peace of mind knowing that things are being done the right way.

  • 3Accept a Settlement or Proceed to Litigation

    Accept a Settlement or Proceed to Litigation

    Does it make sense to accept a settlement or file a lawsuit?

    You have completed your medical treatment and your attorney has submitted a demand to the insurance company. At this time, the insurance company may be willing to make a settlement offer to resolve the case. Your attorney will help you decide whether to accept a settlement or proceed with a lawsuit against the opposing party.

  • 4Litigation

    Litigation

    You filed a lawsuit against the opposing party so what happens now?

    When you file a lawsuit against another party, then the litigation process begins. The insurance company will likely hire a well-qualified attorney to represent its Defendant and the case will be assigned to a judge and courtroom. Attorneys will send written discovery, obtain documents, and take depositions. The attorneys are doing everything they can to prepare the case for trial and to find out more about the other side’s case. The parties may still try to resolve the case either informally or with a mediator.

  • 5Trial

    Trial

    What happens in a trial?

    The parties are unable to resolve the case so they go to trial. The attorneys and the judge pick a jury to decide the case. Then each attorney makes an opening statement. Next, the injured party’s attorney presents his case, which usually includes testimony from the injured party, any witnesses, medical providers, and hired experts. Then the Defendant’s attorney has the opportunity to present his case and call his own witnesses and present his own evidence. After jury instructions, each side makes a closing argument, trying to convince the jury to find for their side. Finally, the jury must agree on a verdict.