COLORADO

Statute Of Repose

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).

Negligence / Personal Injury

2 Years

(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

Wrongful Death

2 Years (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:
(d) All actions for wrongful death; Colo. Rev. Stat. Ann. § 13-80-102

(2) A cause of action for wrongful death shall be considered to accrue on the date of death. Colo. Rev. Stat. Ann. § 13-80-108

Medical Malpractice

2 Years (1) Except as otherwise provided in this section or section 25.5-4-307, C.R.S., no action alleging negligence, breach of contract, lack of informed consent, or other action arising in tort or contract to recover damages from any health care institution, as defined in paragraph (a) of subsection (2) of this section, or any health care professional, as defined in paragraph (b) of subsection (2) of this section, shall be maintained unless such action is instituted within two years after the date that such action accrues pursuant to section 13-80-108(1), but in no event shall an action be brought more than three years after the act or omission which gave rise to the action. Colo. Rev. Stat. Ann. § 13-80-102.5

The statute of limitations begins to run when the injured person discovers or in the exercise of reasonable diligence should have discovered the injury. Quiroz v. Goff, 46 P. 3d 486, 488 (Colo. App.), 2002.

Malpractice (Other Professions)

6 Years Injury based on sexual assault or sexual offense against a child (infancy disability applies) 3 Years: Motor vehicle accidents 2 Years: Against government if insured 2 Years: Action against ski areas ($1,000,000 limit)

Products Liability

2 Years

(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).

Intentional Torts

1 Year

Fraud

3 Years All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102(1)(j) or section 13-80-103(1)(g); Colo. Rev. Stat. Ann. § 13-80-101

The cause of action accrues as of the date the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Conrad v. The Educ. Resources Institute, 652 F.Supp.2d 1172, 1184 (D.C. Colo. 2009)

Municipal Liability/Sovereign Immunity

6 Month SOL to give notice to municipality after discovery of injury.

Discovery Rule

SOL runs from when injury is, or should have been discovered. See specific torts above.

Comparative Negligence

Not bar to recovery if negligence of person seeking recovery not as great as negligence of person against whom recovery is sought. Negligence of multiple defendants is to be combined when compared against plaintiff's negligence and damages. Recovery from multiple defendants found liable unless plaintiff was 50% or more at fault.

Charitable Immunity

Abolished

Disabilities

Insanity, infancy (18th birthday), incompetence, or imprisonment, SOL runs from removal of disability. Special provisions relate to sexual assaults on minors.

Damages

In order to recover, plaintiff's negligence must be less than that of defendant's. $500K limit on pain and suffering for personal injury.

Punitive Damages

May be awarded in circumstances of fraud, malice, or willful or wanton conduct. Requires proof beyond a reasonable doubt and may not ordinarily exceed compensatory damages. Court may increase to three times compensatory damages in certain situations. No punitive damages against municipalities.

No-Fault Insurance

None

Other Relevant Information

SOL for Other Torts 6 Years: Injury based on sexual assault or sexual offense against a child (infancy disability applies) 3 Years: Motor vehicle accidents 2 Years: Against government if insured 2 Years: Action against ski areas ($1,000,000 limit)

Consumer Fraud Complaint

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