As used in this part 4, unless the context otherwise requires:
(1) "Manufacturer" means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a product prior to the sale of the product to a user or consumer. The term includes any seller who has actual knowledge of a defect in a product or a seller of a product who creates and furnishes a manufacturer with specifications relevant to the alleged defect for producing the product or who otherwise exercises some significant control over all or a portion of the manufacturing process or who alters or modifies a product in any significant manner after the product comes into his possession and before it is sold to the ultimate user or consumer. The term also includes any seller of a product who is owned in whole or significant part by the manufacturer or who owns, in whole or significant part, the manufacturer. A seller not otherwise a manufacturer shall not be deemed to be a manufacturer merely because he places or has placed a private label on a product if he did not otherwise specify how the product shall be produced or control, in some significant manner, the manufacturing process of the product and the seller discloses who the actual manufacturer is.
(2) "Product liability action" means any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product.
(3) "Seller" means any individual or entity, including a manufacturer, wholesaler, distributor, or retailer, who is engaged in the business of selling or leasing any product for resale, use, or consumption.
Source: L. 77: Entire part added, p. 820, § 2, effective July 1.
Notes of Decisions
Heinrich v. Master Craft Eng'g, Inc., 131 F. Supp. 3d 1137 (D. Colo. 2015).
· cites it 29× “Under the Colorado Products Liability Act (“CPLA”), Colo. Rev. Stat. § 13-21-401 ef sec/., a product liability action is defined as ' any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which' the action…”
Persichini v. Brad Ragan, Inc., 735 P.2d 168 (Colo. 1987).
· cites it 8× “2, § 13-21-401, 1977 Colo.Sess.Laws 819, 820, defines a “product liability action” as follows: *172 “Product liability action” means any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is…”
Long v. United States Brass Corp., 333 F. Supp. 2d 999 (D. Colo. 2004).
· cites it 8× “The Plaintiffs intend to prove that Ms. Long’s injuries resulted from a manufacturing defect in the Pipe and, specifically, the corrugated tube.”
Carter v. Brighton Ford, Inc., 251 P.3d 1179 (Colo. Ct. App. 2010).
· cites it 7× “Without analyzing the basis of the claims, the court reasoned that even the designated contract claims were "product liability claims" under the definition of section 13-21-401(2). Id. The court did not interpret the term "property damage" as used in section 13-21-401(2) and was…”
Palmer v. AH Robins Co., Inc., 684 P.2d 187 (Colo. 1984).
· cites it 2× “In 1977 the legislature responded to judicial adoption of strict liability in product liability cases by adopting sections 13-21-401 to -406, 6 C.R.S. (1983 Supp.”
Miller v. Solaglas California, Inc., 870 P.2d 559 (Colo. Ct. App. 1993).
· cites it 8× “The term “manufacturer,” as used in § 13-21-402(1), is defined in § 13-21-401(1), C.R.S. (1987 Repl.Vol. 6A) as follows: (1) ‘Manufacturer’ means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a…”
Ruiz v. ExCello Corp., 653 P.2d 415 (Colo. Ct. App. 1982).
· cites it 6× “The issue presented in this appeal concerns the liability of successor corporations under the Colorado Products Liability Act (CPLA) § 13-21-401, et seq., C.R.S. 1973 (1981 Cum.”
Hawkinson v. AH Robins Co., Inc., 595 F. Supp. 1290 (D. Colo. 1984).
· cites it 4× “” C.R.S. § 13-21-401. There is little judicial precedent to guide application of this statute.”
Bond v. EI Du Pont De Nemours & Co., 868 P.2d 1114 (Colo. Ct. App. 1993).
· cites it 4× “The second is that DuPont as a seller is subject to strict liability under §§ 13-21-401 and 13-21-402, C.R.S. (1987 Repl.”
Johnston v. Amsted Indus., Inc., 830 P.2d 1141 (Colo. Ct. App. 1992).
· cites it 4× “Its stated purpose is to impose liability on those who create the risk of harm by their involvement in the process which places the defective product in the stream of commerce. Accordingly, strict products liability, with exceptions not applicable here, is limited to claims…”
Colo. Rev. Stat. § 13-21-401(1): 17 cases
Heinrich v. Master Craft Eng'g, Inc., 131 F. Supp. 3d 1137 (D. Colo. 2015).
“Under the Colorado Products Liability Act (“CPLA”), Colo. Rev. Stat. § 13-21-401 ef sec/., a product liability action is defined as ' any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which' the action…”
Ruiz v. ExCello Corp., 653 P.2d 415 (Colo. Ct. App. 1982).
“The issue presented in this appeal concerns the liability of successor corporations under the Colorado Products Liability Act (CPLA) § 13-21-401, et seq., C.R.S. 1973 (1981 Cum.”
Miller v. Solaglas California, Inc., 870 P.2d 559 (Colo. Ct. App. 1993).
“The term “manufacturer,” as used in § 13-21-402(1), is defined in § 13-21-401(1), C.R.S. (1987 Repl.Vol. 6A) as follows: (1) ‘Manufacturer’ means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a…”
Johnston v. Amsted Indus., Inc., 830 P.2d 1141 (Colo. Ct. App. 1992).
“Its stated purpose is to impose liability on those who create the risk of harm by their involvement in the process which places the defective product in the stream of commerce. Accordingly, strict products liability, with exceptions not applicable here, is limited to claims…”
Colo. Rev. Stat. § 13-21-401(2): 9 cases
Persichini v. Brad Ragan, Inc., 735 P.2d 168 (Colo. 1987).
“2, § 13-21-401, 1977 Colo.Sess.Laws 819, 820, defines a “product liability action” as follows: *172 “Product liability action” means any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is…”
Carter v. Brighton Ford, Inc., 251 P.3d 1179 (Colo. Ct. App. 2010).
“Without analyzing the basis of the claims, the court reasoned that even the designated contract claims were "product liability claims" under the definition of section 13-21-401(2). Id. The court did not interpret the term "property damage" as used in section 13-21-401(2) and was…”
Miller v. Solaglas California, Inc., 870 P.2d 559 (Colo. Ct. App. 1993).
“The term “manufacturer,” as used in § 13-21-402(1), is defined in § 13-21-401(1), C.R.S. (1987 Repl.Vol. 6A) as follows: (1) ‘Manufacturer’ means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a…”
Heinrich v. Master Craft Eng'g, Inc., 131 F. Supp. 3d 1137 (D. Colo. 2015).
“Under the Colorado Products Liability Act (“CPLA”), Colo. Rev. Stat. § 13-21-401 ef sec/., a product liability action is defined as ' any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which' the action…”
Colo. Rev. Stat. § 13-21-401(3): 6 cases
Persichini v. Brad Ragan, Inc., 735 P.2d 168 (Colo. 1987).
“2, § 13-21-401, 1977 Colo.Sess.Laws 819, 820, defines a “product liability action” as follows: *172 “Product liability action” means any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is…”
Long v. United States Brass Corp., 333 F. Supp. 2d 999 (D. Colo. 2004).
“The Plaintiffs intend to prove that Ms. Long’s injuries resulted from a manufacturing defect in the Pipe and, specifically, the corrugated tube.”
Heinrich v. Master Craft Eng'g, Inc., 131 F. Supp. 3d 1137 (D. Colo. 2015).
“Under the Colorado Products Liability Act (“CPLA”), Colo. Rev. Stat. § 13-21-401 ef sec/., a product liability action is defined as ' any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which' the action…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.