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
Burg Simpson Wins Latest Battle in Avalanche Case

 April 25, 2017

Burg Simpson Wins Latest Battle in Avalanche Case

In 2012, 13-year-old Taft Conlin and four of his friends made their way through the open lower gate of Prima Cornice in Vail, a ridgetop that sits above a skiable area. After several runs in this area, an avalanche swept over Conlin and two of his friends, killing him and injuring another. His family subsequently… Read more »

Michael S. Burg Defends Gorsuch

 April 7, 2017

Michael S. Burg Defends Gorsuch

As the Senate wrestles with a Democratic filibuster of President Trump’s Supreme Court nominee Neil Gorsuch, Burg Simpson founding shareholder Michael S. Burg dialed into BBC Radio’s “Up All Night” this this week to defend the federal appellate judge. Read more »

Michael S. Burg says Gorsuch is More than Qualified

 April 6, 2017

Michael S. Burg says Gorsuch is More than Qualified

As the Senate battle over Supreme Court nominee Neil Gorsuch heads toward an actual vote this week, Burg Simpson Founding Shareholder Michael S. Burg spoke with SiriusXM’s Tim Farley on his POTUS morning radio show to discuss the confirmation fight. Read more »

Burg Simpson Launches Denver PD Scholarship

 April 5, 2017

Burg Simpson Launches Denver PD Scholarship

Burg Simpson is renewing its support of Denver’s law enforcement community with the launch of the Burg Simpson Law Firm Denver Police Officer Foundation Scholarship competition. The winner will take home a $1,500 college scholarship to pay for tuition, fees, books, meals or housing. Read more »

Co-counsel – Colorado Insurance Bad Faith Lawyers – Burg Simpson

 April 12, 2017

Strong Co-counsel Can Crack Complex Cases

Edmund Burke once wrote, “Laws, like houses, lean on one another.” It’s a lesson more lawyers should take to heart. For newer, or even simply independent attorneys, it can make all the difference to find a more experienced lawyer to lean on and partner as co-counsel. Collaboration and referrals with other law firms can benefit… Read more »

Samsung Galaxy Note Banned - Colorado Product Liability Attorney – Burg Simpson

 April 6, 2017

Samsung Galaxy Note 7 Banned on Planes

Despite extensive pre-market testing, some unsafe products reach the market where consumers suffer unexpected, and sometimes serious, injury. Late last year, the U.S. Department of Transportation banned the Samsung Galaxy Note 7 smartphones, prohibiting travelers from carrying the phones on their person, in their hand luggage or in checked baggage – even if they were powered down.  Read more »

Neibert vs. Geico- Colorado bad faith insurance attorneys - Burg Simpson

 February 24, 2017

Burg Simpson’s Colorado Insurance Bad Faith Attorneys Help Win Fight to Strengthen Consumer Rights

Burg Simpson congratulates shareholders Thomas W. Henderson and Brian K. Matise and attorney Nelson Boyle for their great win. On behalf of the Colorado Trial Lawyers Association, these Burg Simpson attorneys submitted a pro bono “friend of the court” brief in Nibert v. Geico Casualty Co, 2017COA23. With their help, Colorado insurance consumers’ rights are… 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 »

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

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