Pursuing Legitimate Claims by Honest People Injured by Defective Products and Irresponsible Insurers

No Obligation Initial Consultation 303-377-6700

Primary Practice Areas

Products Liability, Insurer Bad Faith, Legal Malpractice, Environmental Law

1. Products Liability

In Colorado, the basis for product liability is in the public policy which requires manufacturers to protect the consuming public against products that presented unreasonable dangers. People need more protection from dangerous products than is afforded by the law of warranty. The typical products liability case is one where a product is reasonably certain to put life or limb in peril and is distributed without care, and causes bodily injury. The manufacturer of the product is liable whether or not it is negligent because “public policy demands that responsibility be fixed wherever it will most effectively reduce the hazards to life and health inherent in defective products that reach the market.” Carter v. Brighton Ford, Inc., 2010 WL 4361379 (Colo. App. 2010). My practice is largely focused on securing just compensation for honest folks injured by defective products such as unstable vehicles, bad tires, and injurious medical devices, including metal-on-metal hip implants.

2. Insurer Bad Faith

In Colorado, the appellate case law dealing with insurance bad faith claims is fairly well-developed. Insurers must deal in good faith with their insured. “Due to the ‘special nature of the insurance contract and the relationship which exists between the insurer and the insured,’ an insurer's breach of the duty of good faith and fair dealing gives rise to a separate cause of action arising in tort.” The tort of bad faith breach of an insurance contract may arise in either a third-party or first-party context, but each context requires proof of a different standard of conduct. If your insurer is acting or has acted unreasonably in handling your claim or by denying your claim, you may have a case. Remember this one general rule: insurance companies are in the business of collecting premiums and denying claims. Call my office to discuss any problems you may be having with your insurance company in the handling of your claim against the policy.

3. Legal Malpractice

Proving a legal malpractice action requires prrof of what has been characterized as a case within a case. The plaintiff must demonstrate that the claim underlying the malpractice action should have been successful if the attorney had acted in accordance with his or her duties."

4. Environmental Law

The firm, but especially Melissa Hailey, represents non-profit environmental advocacy organizations in federal environmental litigation, including matters of endangered species conservation and public lands management. The firm is committed to the protection of the the public interest in biodiversity and healthy ecosystems. Melissa counsels non-profit environmental advocacy organizations on litigation opportunities and potential strategies for achieving conservation goals.