The Roundup weed killer is believed to cause cancer. Over 18,400 plaintiffs have sued the manufacturer of Roundup, Bayer AG. If you were harmed by using this weed killer, you should consult Cook, Bradford & Levy. Our Boulder Roundup injury lawyers represent people throughout Colorado. Our attorneys have successfully completed more than 100 jury trials. Our goal is to level the playing field for the little guy. We never have represented an insurance company, and we never will.Injuries Caused by Roundup
Monsanto, a unit of Bayer, started selling Roundup as an herbicide or weed killer in the 1970s. Agricultural workers are often exposed to it. However, Bayer AG has been facing thousands of lawsuits claiming that the Roundup weed killer that it produces causes non-Hodgkin’s lymphoma. In 2015, the World Health Organization’s international agency for cancer research published a position paper categorizing glyphosate, a key ingredient in Roundup, as likely carcinogenic to humans.
It can take 10 years for non-Hodgkin’s lymphoma to emerge after exposure, which can make it challenging to establish a causal link. This also means that additional claims will arise after some settlements are reached. The company has lost several trials, and it is appealing the decisions, claiming that Roundup and glyphosate are not carcinogenic and are safe to be used by humans. The company has announced a $5.6 billion investment to research and develop an alternative to glyphosate.Liability for Roundup Injuries
A product such as Roundup may be found to be defective in one of three ways: marketing, manufacturing, or design. A Roundup injury attorney in Boulder might argue that Roundup has a marketing defect. There may be a marketing defect when a lack of warnings makes a product unreasonably dangerous to its intended users. Another way in which Roundup may be found defective is in its design. There is a design defect in a product when, even if it is made flawlessly, it still endangers its users. A manufacturing defect is not a likely theory in this situation.
There are various theories of liability that may be asserted in product liability lawsuits, depending on the jurisdiction. These include negligence, strict liability, and breach of implied warranty. In Colorado, you can file a product liability lawsuit under a theory of strict liability, product misrepresentation, negligence, or breach of warranty if a product has an actionable defect.
To recover damages under a theory of strict liability for a defective product in Colorado, you will need to show that the defendant manufactured the product, and the defendant was involved in the business of selling the product for use, consumption, or resale. In addition, you will need to show that the product was defective, and it was unreasonably dangerous to someone who might reasonably be anticipated to use it or be affected by it. The product must have been defective when it was sold by the defendant or left the defendant’s control, it must have been anticipated to reach you without a major change in its condition, it must have reached you without a major change in its condition, and you must have been someone who reasonably would have been anticipated to use it. Finally, you must show that you sustained losses or injuries that were caused by the defect. A Boulder Roundup injury attorney may need to retain an expert to establish the link between the Roundup exposure and the lymphoma.Damages in Product Liability Cases
Compensatory damages may be pursued in a product liability lawsuit. These may include economic losses and non-economic losses. Some common examples of damages include past and future medical expenses, past and future lost wages, pain and suffering, mental anguish, and loss of enjoyment of life.Consult an Experienced Product Liability Attorney
Many people across the U.S. have claimed that they suffered serious harm from their exposure to Roundup. Litigation continues based on the potential connection between Roundup and non-Hodgkin’s lymphoma. If you believe that you may have been harmed by your exposure to Roundup, you should discuss your legal options with the attorneys at Cook Bradford Levy. You may be entitled to recover substantial damages. We represent clients throughout Colorado. Call us at 303-543-1000 or use our online form to set up a consultation with a Roundup injury lawyer in Boulder.