2024 Colorado Revised Statutes
Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104)
DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409)
Article 21 - Damages (§§ 13-21-101 — 13-21-1409)
Part 4 - PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS (§§ 13-21-401 — 13-21-406)
Section 13-21-403 - Presumptions

• (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.

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