Statute of Limitations for Product Liability

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In Colorado, product liability suits brought under the theories of strict liability or negligence must be filed within two years after the cause of action occurred. (C.R.S. § 13-80-102), (C.R.S. § 13-80-106). A "cause of action" does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant's conduct. Kenyon v. Hammer, 142 Ariz. 69, 688 P.2d 961 (1984); Anson v. American Motors Corp. 155 Ariz. 420, 747 P.2d 581 (App.1987). If you do not file a lawsuit within this time, you cannot sue.

If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within three years after the cause of action occurred. C.R.S. § 13-80-101. Similar to strict liability and negligence cases, a "cause of action" here does not occur until the plaintiff plaintiff knew or should have known through the exercise of reasonable diligence that he had been injured by a wrongful act. Upton v. Griffitts, 831 P.2d 504 (1992). If you do not file a lawsuit within this time, you cannot sue.

In addition to typical statutes of limitations, state legislatures have also enacted special statutes of limitations for certain types of actions to put outside time limits on certain types of lawsuits. These are referred to as statutes of repose. Statutes of repose typically place an outside limit (usually 10, 15 or 20 years) on certain types of lawsuits, regardless of when the injury is discovered. In Colorado, the three year statute of limitations for medical malpractice may be extended if the negligent physician intentionally made a material misrepresentation or failed to disclose material information that impeded plaintiff's discovery of that negligence. In that case, the knowing concealment exception extends the statute of limitations until two years after the person bringing the action discovered, or in the exercise or reasonable diligence and concern should have discovered, the act or omission. Smith v. Boyett, 908 P.2d 508 (1995).

In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call Law Office of Stuart D. Mann, LLC now at 303-991-2233 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.