Construction: 6 Years from substantial completion of improvement to real property for actions against any architect, contractor, builder or builder vendor, engineer or inspector. C.R.S. § 13-80-104.
Products: 7 Years from date product first used. C.R.S. § 13-80-107 (1)(a). Applies only to “new manufacturing equipment.” Exceptions: (1) injury caused by hidden defect; (2) prolonged exposure to hazardous material; (3) intentional misrepresentation; or (4) fraudulent concealment. C.R.S. § 13-80- 107 (1)(b)-(c).
“Manufacturing equipment” means equipment used in the operation or process of producing a new product, article, substance, or commodity for purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process. C.R.S. § 13-80-107 (2).
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:
(a) Tort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract; except that this paragraph (a) does not apply to any tort action arising out of the use or operation of a motor vehicle as set forth in section 13-80-101(1)(n); Colo. Rev. Stat. Ann. § 13-80-102
Statue of Repose:
(1)(a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.
(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.
(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage. Colo. Rev. Stat. Ann. § 13-80-107
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:
(b) All actions for strict liability, absolute liability, or failure to instruct or warn; Colo. Rev. Stat. Ann. § 13-80-102
Discovery:
(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence. Colo. Rev. Stat. Ann. § 13-80-108.
Claim for relief for product liability does not accrue until the plaintiff knows, or should know, in the exercise of reasonable diligence, all materials facts essential to show the elements of that cause of action. Miller v. Armstrong World Industries, Inc., 817 P.2d 111, 113 (Colo. 1991).
Colorado Office of the Attorney General, Consumer Protection
http://www.coloradoattorneygeneral.gov/initiatives/consumer_resource_guide
Consumer Line: (800) 222-4444
Metro Denver: (303) 222-4444
Fax: (720) 508-6030
59 Maiden Lane, 6th Floor
New York, NY 10038
Phone: 212.267.6700
6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500
80 Main Street Suite 265
West Orange, NJ 07052
Phone: 973.323.3603
27300 Riverview Center Blvd., Suite 103
Bonita Springs, Florida 34134-4316
Phone: 239.390.1000
© 2019 Parker Waichman LLP
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com
Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.
Prior results do not guarantee or predict a similar outcome with respect to any future matter.