
What Is the Statute of Limitations on Product Liability in Colorado?
The Colorado product liability statute of limitations sets a specific timeframe for filing a claim if you are injured due to a defective or dangerous product. Understanding and adhering to this legal deadline is key to exercising your rights and pursuing compensation for your injuries. Missing this window can prevent you from recovering damages and leave you with dwindling options for justice.
Let us break down what product liability claims are and what you will need to prove, in addition to discussing the Colorado product liability statute of limitations and its exceptions. This can be a lot to take on after suffering an unexpected and life-changing injury. Know that an experienced product liability attorney can help protect your rights and pursue the justice you deserve.
If a dangerous or defective product has harmed you or a loved one, call Burg Simpson at 303-792-5595 for a FREE case evaluation. We proudly represent clients in Denver and throughout Colorado. We are Good Lawyers. Changing Lives.®, and we look forward to helping you secure a brighter future.
What Is a Product Liability Claim?
A product liability claim is filed when a defective or unsafe product harms a consumer. These claims aim to hold manufacturers, distributors, retailers, and others accountable for the safety of their products.
Product liability claims generally fall into three categories:
- Design Defects: These occur when a product’s design is inherently flawed, making it unsafe even if manufactured properly. An example could be a vehicle with a defective braking system that leads to accidents.
- Manufacturing Defects: These involve errors during production. A production error can result in a product that deviates from its intended design. Contaminated batches of medication are an example of a manufacturing defect.
- Failure to Warn: If a product lacks proper warnings or instructions about potential hazards, multiple parties could be liable—including manufacturers, distributors, or even retailers. For instance, a household cleaner without clear instructions about safe handling could result in injuries.
C.R.S. § 13-21-401–406 details the responsibilities of those involved in product manufacturing and distribution and the rights of injured consumers.
What Is the Rule of Law for Product Liability?
Colorado applies strict liability principles in product liability cases. Under strict liability, a defendant can be held responsible for injuries caused by a defective or dangerous product, regardless of whether they exercised care during its design or production.
To prove their claim, the plaintiff must establish:
- The product was defective.
- The defect caused an injury.
- The product was used as intended.
Building a strong product liability claim is not easy, especially when working with complex legal principles and gathering evidence of the defect. A knowledgeable and experienced product liability attorney can guide you through the process. They will make sure all the critical elements are established to maximize your chances of success.
What Is the Statue of Limitations for Product Liability Claims?
The Colorado product liability statute of limitations is generally 2 years from the date of the injury. This means that if you were injured by a defective or dangerous product, you have 2 years to file a claim against the responsible parties.
If you have lost a loved one due to a defective product, you may be able to file a wrongful death claim. In this case, you have 2 years from their tragic death to file.
Colorado enforces a strict statute of repose for product liability claims. This statute restricts claims to within 7 years of the product’s first use for its intended purpose unless exceptions apply.
Failure to file within these deadlines can mean the dismissal of your case, no matter how valid your claim. This is one of the many reasons hiring a product liability attorney can significantly bolster your chances of a positive outcome. They are well aware of legal deadlines and can ensure all are met.
What Are Exceptions to the Colorado Product Liability Statute of Limitations?
While the Colorado product liability statute of limitations is typically 2 years, there are sometimes exceptions that can extend this deadline. Common exceptions include:
- Discovery Rule: If an injury is not immediately apparent, the statute of limitations begins when the injury is discovered or reasonably should have been discovered.
- Fraudulent Concealment: If a manufacturer intentionally hides a defect, the statute of limitations may be paused until the defect is uncovered.
- Minors & Incapacitated Individuals: The statute of limitations may be paused for minors or those legally incapacitated at the time of the injury.
These exceptions may impact your ability to file a claim; however, you should never assume that these rules will apply in your case. Consult a lawyer as soon as possible. They will be able to tell you if your claim is viable and what the deadlines are.
Common Product Liability Claims
The following are some of the most common types of product liability claims we see:
- Defective medical devices
- Unsafe pharmaceuticals
- Faulty automotive parts
- Dangerous children’s toys
- Malfunctioning electronics
- Hazardous household appliances
- Contaminated food products
When to Contact a Product Liability Attorney
If you believe you have a legitimate product liability claim, we advise you to contact a product liability attorney as soon as possible. Early involvement allows your lawyer the time to build a solid claim. They will:
- Preserve crucial evidence
- Evaluate the strengths and weaknesses of your claim
- Identify all liable parties
- Handle negotiations with insurance companies
- Provide clear and considered guidance
- Answer all of your questions and address any concerns
- Support and inform you through every step and development
- Ensure the Colorado product liability statute of limitations and other deadlines are met
Delaying action can only jeopardize your case. Evidence may be lost, or the statute of limitations could expire. By seeking legal help promptly, you improve your chances of securing justice.
Burg Simpson’s Product Liability Attorneys Can Help
For over 45 years, Burg Simpson has been a trusted advocate for victims. We have the skill and experience to handle even the most complex product liability claims.
Our Denver product liability attorneys are dedicated to holding the responsible parties accountable and seeking just compensation for your losses. We are well-versed in the Colorado product liability statute of limitations and exceptions and will utilize our ample resources to serve your case.
If a defective or dangerous product has harmed you or a loved one, do not delay. Contact Burg Simpson today for a FREE consultation.