A product liability action may not be commenced or maintained against a manufacturer or seller of a product that caused injury, death, or property damage if, at the time the injury, death, or property damage occurred, the product was used in a manner or for a purpose other than that which was intended and which could not reasonably have been expected, and such misuse of the product was a cause of the injury, death, or property damage.
Source: L. 2003: Entire section added, p. 1289, § 2, effective September 1.
ANNOTATION
Law reviews. For article, "New Statutes Change Civil Litigation in Colorado", see 33 Colo. Law. 65 (May 2004).
The words "commenced or maintained" cannot properly be read as an indication that the general assembly intended to abrogate the common law status of misuse as an affirmative defense. Faulhaber v. Petzl Am., Inc., 656 F. Supp. 3d 1257 (D. Colo. 2023).
Misuse is a causation concept. The product liability statute regime does not abrogate the common law regarding a defendant's burden to establish misuse as an affirmative defense. Faulhaber v. Petzl Am., Inc., 656 F. Supp. 3d 1257 (D. Colo. 2023).