Business / Commercial Litigation

Product Liability

Defective and dangerous products cause thousands of injuries to people and property in the U.S. every year.  Product liability refers to the law that governs the liability of designers and manufacturers and others, such as suppliers, distributors, and retailers, for injuries to a consumer or a business caused by a defective or dangerous product. Designers and manufacturers generally have more insight and knowledge about their products than consumers do, so it falls to the designer or manufacturer to assume financial responsibility for any injuries or damage they cause.

Types of Product Defects

There are three types of defects that may cause injury and give rise to designer, manufacturer or supplier liability:

  1. Design defects – Defects present in the design product before manufacturing occurs.
  2. Manufacturing defects – These defects which occur during the process of manufacturing the product. This can include the use of a defective material or machine in the manufacturing process that causes the product to fail or not work as intended.
  3. Marketing defects – Examples of this are inadequate safety warnings, improper labeling or misrepresentation in labeling, or misleading or insufficient instructions. (See also fraud).

Product liability lawsuit cases are complicated and expensive endeavors. Burg Simpson’s lawyers have collectively handled hundreds of product liability cases, both on the plaintiff side and the defense side. Our experience and resources allow us to handle even the most complex product cases (including class actions) efficiently and effectively. Our product liability lawsuit experience encompasses a wide array of consumer products, including:

  • Manufacturing Equipment
  • Medical Devices
  • Pharmaceutical Products Several of our other attorneys have taken national leadership roles in massive defective drug litigation cases. Please see our separate extensive Dangerous Drugs section of this website.
  • Motor Vehicles
  • Farming Equipment
  • Construction Equipment
  • Children’s Products
  • Tools
  • Household Products
  • Appliances
  • Building Products
The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

 February 6, 2017

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

Michael S. Burg Named One of America’s 50 Most Influential Trial Lawyers Burg Simpson Eldredge Hersh & Jardine Named One of America’s 25 Most Influential Law Firms The Trial Lawyer magazine honorees to be celebrated at The National Trial Lawyers’ annual summit Denver, CO – Burg Simpson Eldredge Hersh & Jardine, PC is proud to… Read more »

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

 January 23, 2017

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is pleased to announce that seven shareholders have recently been named to 5280 Magazine’s 2017 Top Lawyers list. Founded in 1993, 5280 is the largest local magazine in Colorado. The Burg Simpson attorneys selected for inclusion in 5280 Top Lawyers are: Michael S. Burg –… Read more »

2016: Another Year Burg Simpson Changed Lives

 December 8, 2016

2016: Another Year Burg Simpson Changed Lives

The Burg Simpson attorneys had another outstanding year changing the lives of those they represent. The firm’s ability to properly value cases—whether personal injury, medical malpractice, construction defect, or mass tort—and fight tirelessly as a cohesive team to obtain the compensation its clients deserve sets Burg Simpson apart. Here is just a small sample of… Read more »

Janet Abaray Profiled in Super Lawyers Magazine

 December 7, 2016

Janet Abaray Profiled in Super Lawyers Magazine

The most recent edition of Super Lawyers Magazine features a profile on Burg Simpson Ohio’s managing shareholder, Janet Abaray. In the feature, Ms. Abaray discusses some of the highlights of her career, the art of “looking around corners” in a case, taking on big pharma, and a well-known class action against the Bengals. Amongst her… Read more »

Colorado Court of Appeals Finds Insurance Company Conduct “Unreasonable”

 August 25, 2016

Colorado Court of Appeals Finds Insurance Company Conduct “Unreasonable”

Today, the Colorado Court of Appeals issued a decision in favor of a policyholder and against an insurance company that delayed payment of benefits owed. After the policyholder and insurance company disagreed on how much was owed under the policy for hail damage to the roofs at a townhome complex, they used the appraisal process… Read more »

Mike Burg Holds First Book Signing for Trial by Fire at Tattered Cover

 August 18, 2016

Mike Burg Holds First Book Signing for Trial by Fire at Tattered Cover

Last month at the Tattered Cover Book Store in Denver, Colorado, a crowd of over 100 were treated to an evening with Burg Simpson attorney and author, Mike Burg. Speaking about his new book, Trial By Fire: One Man’s Battle to End Corporate Greed and Save Lives, Mike discussed his childhood and his motivations that… Read more »

 April 27, 2016

NFL v. NFLPA and Brady – Beware the Downside of a Broad Arbitration Clause Before You Agree

A three judge panel of the Second Circuit Court of Appeals issued its opinion re-instating the NFL commissioner’s four game suspension of Tom Brady for his role in “deflate-gate”, the NFL sideshow over whether Tom Brady was complicit in intentionally deflating footballs during a playoff game to gain an unfair competitive advantage over the opponent…. Read more »

Scales of Justice

 February 17, 2016

Electing a Justice – A Historical Perspective

Historical and Constitutional context is helpful in assessing the firestorm of controversy that Justice Scalia’s death has caused regarding the process for filling the vacancy in an election year. The framers of the Constitution wanted an independent judiciary, not one beholden to popular opinion. In a recent article for The New York Review of Books,… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 US News 2014 Plantiffs Top 25 Most Influential Lawyers