Product Liability Fundamentals
February 2015
Product Liability Fundamentals
Co-sponsored by the CBA Litigation Section
Program Highlights:
Topics covered include:
- Product Liability Claims, Defenses, and Statutes
- Procedural Issues, Related Claims, Damages, and National Trends
- Preemption, Evidence, and View from the Bench
Program Description:
Although product liability actions fall within the vast category of tort claims, product liability is its own creature, both legally and practically. Product liability claims and defenses often differ markedly from other tort claims and defenses. This arises from the unique practical issues that arise from the potential of a product to cause an injury. Unlike the typical tort lawsuit, as products are usually produced in mass quantities and then sold throughout the nation (or world), when an issue arises with a product, it often arises in numerous instances in numerous locations - resulting in many lawsuits in many jurisdictions. On the one hand, consumers expect the products they use and consume to be safe. On the other hand, for many products, it is nearly impossible for the manufacturer to eliminate all risks. Colorado, like most states, has developed laws that address the liability of product manufacturers and sellers to address these competing issues.
Every attendee receives a copy of the new CBA-CLE book “Product Liability Law & Procedure in Colorado, First Edition” by Jordan L. Lipp.
Agenda:
8:30 - 9:00 am
Registration and Continental Breakfast
9:00 -10:00 am
Overview of Product Liability Claims
- Strict Liability for Defective Products - Design Defect, Manufacturing Defect, and Failure to Warn
- Negligence
- Strict Liability for Misrepresentation
- Breach of Warranty
- Pre-filing considerations
Presented by Scott Kleger, Esq.
10:00 -11:00 am
Overview of Product Liability Defenses
- Comparative and Pro Rata Fault
- Assumption of the Risk
- Statute of Limitations and Statute of Repose
- Economic Loss Rule
- Unavoidably Unsafe (Comment k)
- Mitigation
- Other Defenses
Presented by Charles Casteel, Esq.
11:00 - 11:15 am
Networking Break
11:15-12:00 pm
The Product Liability Statute
- Scope
- Definitions
- The Innocent Seller Rule
- The Statutory Presumptions
- Misuse
- Other related statutes - Common Sense Consumption Act, Firearms & Ammunition, Blood Shield Statute
Presented by Jordan Lipp, Esq.
12:00 - 1:15 pm Lunch Break (on Your Own)
1:15-2:15 pm
Procedural Issues
- Experts
- Daubert/Shreck
- Spoliation
- Protective Orders
- Non-party Designations
Presented by Angela Ekker, Esq.
2:15-3:15 pm
Preemption, Evidence, and View from the Bench
- Overview of Preemption
- Evidentiary Issues in Product Liability Actions
- View from the Bench on Product Liability Actions
Presented by Hon. Jeff Pilkington, Colorado First Judicial District Court
3:30-4:15 pm
Related Claims, Damages & National Trends
- CCPA
- Wrongful Death and Survival Actions
- Other Claims - regular and derivative
- Damages
- National Trends
Presented by Jordan Lipp, Esq.
4:15 pm
Adjourn
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $349.00 |
| CBA Member | $299.00 |
| CBA Litigation Section Member | $269.00 |
| New Lawyer (in practice 5 years or less) | $199.00 |
| Paralegal/Legal Support Staff | $199.00 |
| CLEACCESSPASS--CLE ELITE Pass Holder | $0.00 |
- General Credits: 7.00
- Ethics Credits: 0.00
- EDI Credits:
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Sponsor Information
- Topics covered include:
- Product Liability Claims, Defenses, and Statutes
- Procedural Issues, Related Claims, Damages, and National Trends
- Preemption, Evidence, and View from the Bench