Colo. Rev. Stat. » Title 13

Colo. Rev. Stat. § 13-80-106

Limitation of actions against manufacturers or sellers of products

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(1) Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section 4-2-725, C.R.S., 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 shall be brought within two years after the claim for relief arises and not thereafter. (2) If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.

Source: L. 86: Entire article R&RE, p. 698, § 1, effective July 1.

Editor's note: This section is similar to former § 13-80-127.5 as it existed prior to 1986.

13-80-107. Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment. (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. (2) As used in this section, "manufacturing equipment" means equipment used in the operation or process of producing a new product, article, substance, or commodity for the 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. (3) The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty. (4) The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.

Source: L. 86: Entire article R&RE, p. 699, § 1, effective July 1. L. 87: (1)(a) amended, p. 568, § 5, effective July 1; (1)(a) amended, p. 594, § 19, effective July 10.

Editor's note: This section is similar to former § 13-80-127.6 as it existed prior to 1986.

13-80-107.5. Limitation of actions for uninsured or underinsured motorist insurance - definitions. (1) Except as described in section 13-80-102 (2), but notwithstanding any other statutory provision to the contrary, all actions or arbitrations under sections 10-4-609 and 10-4-610, C.R.S., pertaining to insurance protection against uninsured or underinsured motorists shall be commenced within the following time limitations and not thereafter: (a) An action or arbitration of an "uninsured motorist" insurance claim, as defined in sections 10-4-609 and 10-4-610, C.R.S., shall be commenced or demanded by arbitration demand within three years after the cause of action accrues; except that, if the underlying bodily injury liability claim against the uninsured motorist is preserved by commencing an action against the uninsured motorist within the time limit specified in sections 13-80-101 (1)(n) and 13-80-102 (1)(d), then an action or arbitration of an uninsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years after the insured knows that the particular tortfeasor is not covered by any applicable insurance. In no event shall the insured have less than three years after the cause of action accrues within which to commence such action or demand arbitration. (b) An action or arbitration of an "underinsured motorist" insurance claim, as defined in section 10-4-609 (4), C.R.S., shall be commenced or demanded by arbitration demand within three years after the cause of action accrues; except that, if the underlying bodily injury liability claim against the underinsured motorist is preserved by commencing an action against the underinsured motorist or by payment of either the liability claim settlement or judgment within the time limit specified in sections 13-80-101 (1)(n) and 13-80-102 (1)(d), then an action or arbitration of an underinsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years after the insured received payment of the settlement or judgment on the underlying bodily injury liability claim. In no event shall the insured have less than three years after the cause of action accrues within which to commence such action or demand arbitration. (2) As used in this section, unless the context otherwise requires: (a) "Action" means a lawsuit commenced in a court of competent jurisdiction; and (b) "Arbitration demand" means a written demand for arbitration delivered to the insurer that reasonably identifies the person making the claim, the identity of the uninsured or underinsured motorist, if known, and the fact that an uninsured or underinsured motorist insurance arbitration is being demanded. (3) An uninsured or underinsured motorist cause of action accrues after both the existence of the death, injury, or damage giving rise to the claim and the cause of the death, injury, or damage are known or should have been known by the exercise of reasonable diligence.

Source: L. 94: Entire section added, p. 2825, § 3, effective July 1. L. 2014: IP(1) amended, (SB 14-213), ch. 344, p. 1537, § 4, effective July 1. L. 2015: IP(1) amended, (SB 15- 264), ch. 259, p. 950, § 32, effective August 5.

Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1976–2025 · leading case: Squires ex rel. Squires v. Goodwin
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Squires ex rel. Squires v. Goodwin (2011) cod · cites it 8× “Mountain Man’s Motion for Summary Judgment In moving for summary judgment, Defendant Mountain Man presents two alternative arguments: first, that Plaintiffs claims are barred by the two-year statute of limitations set forth in C.R.S § 13-80-106(1) and second, that Ms.”
Two Denver Highlands Ltd. Liability Ltd. Partnership v. Stanley Structures, Inc. (2000) coloctapp · cites it 4× “Plaintiff argues that even if its claim would be barred under § 13-80-104(2), because its claim arose in February 1995 when it learned of the defects, its action-brought in January 1997-is timely under § 13-80-106. Thus, according to plaintiff, $ 13-80-106 provides for a more…”
Miller v. Armstrong World Industries, Inc. (1991) colo · cites it 4× “5(1) was repealed in 1986 and sections 13-80-106 and 107, 6A C.R.S. (1987), now govern limitations of actions against manufacturers of products and manufacturing equipment.”
Ohio v. Peterson, Lowry, Rall, Barber & Ross (1979) cod · cites it 4× “Our starting point is Colo.Rev.Stat. § 13-80-106 (1973). That statute provides that “[a]ll actions upon a liability created by a federal statute .”
Salazar v. American Sterilizer Co. (2000) coloctapp · cites it 3× “, appeals the judgments entered on jury verdicts finding (1) that plaintiff, Betty Salazar, filed her claims within the two-year statute of limitations set forth in § 13-80-106, C.R.S.1999, and (2) that defendant was negligent, and awarding plaintiff damages.”
Siegel Oil Co. v. Gulf Oil Corp. (1982) cod · cites it 9× “Defendant claims that Colo.Rev. Stat. § 13-80-106 (1973) is the statute which governs: Actions under federal statutes.”
Pollard v. Remington Arms Co. (2017) mowd “§ 16-116-103 (2016) (three years); Colo. Rev. Stat. § 13-80-106 (2016) (two years); Fla.”
Mucci v. Falcon School District 49, El Paso County (1982) coloctapp · cites it 4× “2d 440 (1980), the applicable state statute of limitations is § 13-80-106, C.R.S. 1973, McKinney v. Armco Recreational Products, 419 F.”
West Colo. Motors v. General Motors (2019) coloctapp · cites it 2× “, § 13-80-106(2), C.R.S. 2018 (extending statute of limitations for product liability actions for minors and those who are “mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and [are] without spouse or natural or legal…”
Yoder v. Honeywell Inc. (1995) cod · cites it 4× “Bull then filed a motion to dismiss on April 17, 1995, contending that the complaint must be dismissed for failure to bring the action within the two year limitations period established by C.”
McKinney v. Armco Recreational Products, Inc. (1976) cod · cites it 3× “” We then adhered to an earlier determination that the “most appropriate” state statute of limitations was either the two-year “federal action” provision, Colo.Rev. Stat.Ann. § 13-80-106 (1973), or the three-year “residuary” statute, Colo.”
Bennett v. Furr's Cafeterias, Inc. (1982) cod · cites it 2× “1966), Plaintiff argues in the alternative that the appropriate limitations period is the two-year provision of § 13-80-106, C.R.S. 1973. By its terms, this statute applies only to “actions upon a liability created by federal statute .”
Show all 25 citing cases →
— Colo. Rev. Stat. § 13-80-106(1) — 4 cases
Squires ex rel. Squires v. Goodwin (2011) cod “Mountain Man’s Motion for Summary Judgment In moving for summary judgment, Defendant Mountain Man presents two alternative arguments: first, that Plaintiffs claims are barred by the two-year statute of limitations set forth in C.R.S § 13-80-106(1) and second, that Ms.”
Two Denver Highlands Ltd. Liability Ltd. Partnership v. Stanley Structures, Inc. (2000) coloctapp “Plaintiff argues that even if its claim would be barred under § 13-80-104(2), because its claim arose in February 1995 when it learned of the defects, its action-brought in January 1997-is timely under § 13-80-106. Thus, according to plaintiff, $ 13-80-106 provides for a more…”
Miller v. Armstrong World Industries, Inc. (1991) colo “5(1) was repealed in 1986 and sections 13-80-106 and 107, 6A C.R.S. (1987), now govern limitations of actions against manufacturers of products and manufacturing equipment.”
Braune v. Abbott Laboratories (1995) nyed
— Colo. Rev. Stat. § 13-80-106(2) — 2 cases
Squires ex rel. Squires v. Goodwin (2011) cod “Mountain Man’s Motion for Summary Judgment In moving for summary judgment, Defendant Mountain Man presents two alternative arguments: first, that Plaintiffs claims are barred by the two-year statute of limitations set forth in C.R.S § 13-80-106(1) and second, that Ms.”
West Colo. Motors v. General Motors (2019) coloctapp “, § 13-80-106(2), C.R.S. 2018 (extending statute of limitations for product liability actions for minors and those who are “mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and [are] without spouse or natural or legal…”
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.