The law requires products offered to the consumers in Colorado and elsewhere to meet expected standards and be free of any defects or danger. A Colorado-based business, Vitamin Cottage Natural Food Markets, Inc., recently announced the recall of organic whole elderberries. The recall followed information by the supplier of the berries that indicated the possible presence of Salmonella.
Reportedly, the elderberries were certified to be safe, but the supplier advised the store that specific lots of the elderberries might pose a danger. Although no reports of consumers suffering injury or illness were received, the products were removed from the shelves. Purchasers of the berries were advised not to consume any of the elderberries and return or discard the product to the supplier for refund or credit.
Any consumers in Colorado who become ill or suffer an injury caused by a defective or dangerous product may have grounds to pursue product liability lawsuits. The seller or manufacturer who provides defective products to consumers may be financially responsible for monetary damages.
Potential defendants in a product liability lawsuit include all the parties in the chain of distribution, including the following:
- The product manufacturer
- Any other manufacturer of parts of the defective product
- The wholesaler who supplies the retailers
- The retailer who offers defective or dangerous products to consumers
In Colorado, state and federal laws form the basis of product liability claims, under negligence, strict liability and breach of warranty theories. Navigating a product liability lawsuit could be complicated, and plaintiffs should note that there are strict deadlines to meet or have their claims dismissed. The most sensible steps to take might be to retain an experienced legal team’s services to assist with the pursuit of a favorable outcome.