Colorado § 13-21-402.5 - Product misuse.
Full text of Colorado Colorado Revised Statutes § 13-21-402.5 — Product misuse., with citation guidance and answers to common questions.
§ 13-21-402.5. Product misuse.
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).
Frequently Asked Questions About Colorado § 13-21-402.5
What does Colorado Revised Statutes § 13-21-402.5 cover?
Section 13-21-402.5 ("Product misuse.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-21-402.5?
A common citation format is "Colorado Revised Statutes § 13-21-402.5" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-21-402.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.