§ 13-21-403 — Presumptions

Colorado § 13-21-403

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Damages

Text

(1) In any product liability action, it shall be
rebuttably presumed that the product which caused the injury, death, or property
damage was not defective and that the manufacturer or seller thereof was not
negligent if the product:

(a) Prior to sale by the manufacturer, conformed to the state of the art, as
distinguished from industry standards, applicable to such product in existence at
the time of sale; or

(b) Complied with, at the time of sale by the manufacturer, any applicable
code, standard, or regulation adopted or promulgated by the United States or by
this state, or by any agency of the United States or of this state.

(2) In like manner, noncompliance with a government code, standard, or
regulation existing and in effect at the time of sale of the product by the
manufacturer which contributed to the claim or injury shall create a rebuttable
presumption that the product was defective or negligently manufactured.

(3) Ten years after a product is first sold for use or consumption, it shall be
rebuttably presumed that the product was not defective and that the manufacturer
or seller thereof was not negligent and that all warnings and instructions were
proper and adequate.

(4) In a product liability action in which the court determines by a
preponderance of the evidence that the necessary facts giving rise to a
presumption have been established, the court shall instruct the jury concerning the
presumption.

Legislative History

Source: L. 77: Entire part added, p. 820, � 2, effective July 1. L. 2003: (4) added, p. 1289, � 3, effective September 1.