This past April, a Colorado jury awarded significant damages to a partially paralyzed high school football player who suffered a head injury in practice. The court held that Riddell, the country’s largest football helmet manufacturer, was responsible for $3.1 million of the total $11.5 million in damages because the company failed to provide adequate warnings regarding the danger of concussions.

Manufacturer’s liability for defective products

In Colorado, a manufacturer, distributor or merchant can be liable for your injuries if it markets or sells defective products. Colorado case law justifies awarding damages for harm caused by defective products on the basis that manufacturers have an obligation to protect consumers from products that are unreasonably dangerous.

Warning! Warning!

This duty to protect consumers also extends to product warnings. Generally, to prevent a product from being considered unreasonably dangerous, a seller or manufacturer may be obligated to provide proper directions or warnings on the product packaging detailing the scope of proper use.  One example is flammability instructions on children’s pajamas.

Who has the burden of proof?

One potential obstacle facing plaintiffs is that the injured party carries the burden of proof to show that the warning was inadequate. This means that if you want to win a products liability claim based on defective warning, you must be able to present the facts of your case in an organized and thoughtful manner. There is also a strong chance that you will be fighting against a well-organized defendant who has access to teams of lawyers and significant financial resources.

If you or a family member is injured by a defective sports product, your first step (after receiving medical treatment) should be to contact a skilled and experienced personal injury attorney.  Bell & Pollock, P.C. is a full-service personal injury firm. Our attorneys have more than 20 years of experience advising injured Coloradans of their rights and achieving creative solutions so that they can the compensation that they deserve.

Contact Us

Call a trusted attorney at Bell & Pollock, P.C. at (303) 795-5900 to get on the road to recovery now. You can also email our firm via the contact firm on this page.

As proud champions of the people, our lawyers are ready to answer your questions, explain the law and your rights, and help you take whatever steps necessary to recover the compensation you’re entitled to. With us in your corner, you can be confident that you have the legal support and representation necessary to successfully resolve your claim.

Don’t delay your recovery for a second longer – and don’t be misguided into thinking that you have to go through the process alone. Our attorneys are here, ready to help – and you won’t have to pay us anything until (or unless) there is a recovery in your case.

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Case Results

WE KNOW HOW TO WIN

CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was driving on a rural road when another car crossed the center line and caused a head-on collision in the snow and ice. Client did physical work for a living. Both knees were injured, along with a neck injury.
Outcome: $2,300,000

CASE: Client was driving on South Parker road when another vehicle rapidly changed lanes and rear-ended the client. That vehicle was cited for careless driving. The collision caused a concussion with traumatic brain Injury. Client missed time from work and had a positive correlation between brain scan and neuropsychological test results.
Outcome: $950,000

CASE: Client was rear ended by a dump truck, was then knocked forward and hit another vehicle. Client had a concussion with traumatic brain injury. Client underwent a brain scan which showed hypoperfusion, correlated with her concussion symptoms. Client suffered neck injuries and injuries to her low back.
Outcome: $650,000

CASE: Client was rear-ended. The mechanism of injury from the forces in the collision caused her neck injury and at the same time, damaged her organs inside her throat. Client had swallowing and choking issues.
Outcome: $1,250,000

CASE: Client was in a motor vehicle accident. Both injections in the neck rendered some temporary relief. The Injections were transforaminal epidural steroid injections. Surgery was recommended on the lumbar (low back). The low back was injured by the forces in the collisions.
Outcome: $933,000

CASE: The client was driving in her car and was rear-ended thereby causing injuries to her lower back and neck. Client also suffered a concussion. Client had to undergo facet injections multiple times, through multiple procedures. Client also had cognitive issues which required cognitive training and therapy.
Outcome: $400,000

CASE: Client was entering a highway from an on ramp and was rear-ended by a commercial van. Client tested positive for Thoracic Outlet Syndrome and failed conservative treatment. Client underwent thoracic outlet syndrome surgey, which involved removal of the first rib to attempt to relieve pressure in the thoracic outlet. Client also suffered a back injury.
Outcome: $750,000

CASE: Client was injured by a drunk driver, who crossed the center line of the road. Client underwent multiple surgeries and could not work. Client was late 40s and needed a modified life care plan.
Outcome: $750,000

CASE: Client was rear ended by a tow truck driver who was a diabetic. The diabetic at fault party was a non-compliant diabetic and claimed he had a syncope episode, and was “blacked out”. Client had a preexisting back condition known and the forces from the collision aggravated, or made worse, the preexisting back condition in addition to, causing neck injuries.
Outcome: $350,000

CASE: Client was a passenger in a car where the driver fell asleep on a country road in the early morning hours. The car rolled multiple times. Client had eye injuries, facial injuries and neck and knee injuries.
Outcome: $850,000

CASE: Client was on the job, driving her own car, when she was rear-ended. She suffered a concussion with traumatic brain injury and pursued Workers Compensation Claim.
Outcome: $150,000

CASE: Client slipped and fell on snow and ice in Central City. He suffered back injuries, that did not require injections.
Outcome: $125,000

CASE: Client slipped and fell on snow and ice on a sidewalk in front of a business. She had to have knee surgery and multiple injections in her back.
Outcome: $175,000

CASE: Client was visiting a friend who was renting a house. Client tripped on untreated, dangerous section of deck and injured his back.
Outcome: $150,000

CASE:Client was rear ended and needed fusion spinal surgery. Insurance proceeds were limited.
Outcome: $125,000

CASE:Client was rear-ended and had to have rotator cuff surgery. Insurance proceeds were limited.
Settled for $65,000

CASE:Client was at Denver International Aiport traveling through Denver, slipped and fell and broke her ankle.
Settled for $118,750

CASE:Client was exposed to mold in a multi-family dwelling that was caused by leaking water.
Settled for $125,000

CASE:Motorcycle accident, reconstructive surgery, post-traumatic stress disorder, neurological injuries
Settled for $1,275,000

Testimonials

CLIENTS APPRECIATE US

I could not have made a better decision than to call Bell & Pollock with my case. Dana Miller and her team were the best.
Brian B.
THEY WERE VERY PROFESSIONAL, KEPT ME INFORMED AND DID WHAT I WOULD CALL A SPECTACULAR JOB- THEY SEEM TO PREACH "LEGAL GAME PLAN" AND EVEN WROTE A BOOK ABOUT IT- IT BASICALLY MEANS THEY HAVE STRATEGIES FOR YOU AND YOUR CASE AND I MEAN EVERYTHING WAS SOUND AND ANALYZED.
Jason H.
I appreciate brad and his team the bell and Pollock attorneys are by far the best ones i have ever worked with.
Aliviya D.
Brad Pollock is educated, experienced, and is the world's greatest attorney. Marlena Elsloo helps him focus in on the most important issues.
Kathy T.
He is very professional and we would recommend Mr. Bell to anyone who is looking for an attorney.
Dianna C.
He was kind, compassionate and knowledgeable, but also tenacious when working with the insurance companies.
Michelle K.
I was blessed to be put in contact with Dana, who not only provided me free feedback and counsel when we spoke on the phone, but also took the time to call me back on multiple occasions to check on me.Dana Miller, you are a sweet, caring and amazing person and I appreciate all your help.
Grady C.