Chapter 3 - § 3.1 • OVERVIEW OF STRICT LIABILITY

• Jurisdiction: Colorado

§ 3.1 • OVERVIEW OF STRICT LIABILITY

In its simplest form, the doctrine of strict liability posits that the manufacturer of a product is liable for any damages caused by the product if the product is (1) defective and (2) unreasonably dangerous, regardless of whether the manufacturer exercised all possible or reasonable care in the manufacture of the product.¹ Thus, "the focus is on the nature of the product rather than the conduct of either the manufacturer or the person injured."² As the Colorado Supreme Court has explained, "[p]rinciples of modern strict products liability law evolved in part to motivate manufacturers to use information that they can obtain through design, testing, data analysis and inspection to correct hazards in products and thereby combat the massive problem of accidents resulting from defective products."³ Strict liability does not equal absolute liability, however, and a manufacturer is not required to be the virtual insurer of its products.⁴

Practice Pointer
Unlike negligence claims, strict liability claims for product defect focus on the product itself as opposed to the conduct of the manufacturer.

The history and overview of the doctrine of strict liability is addressed first below. Next, the elements of a strict liability claim for defective products are discussed. As the first (and most analyzed) element of a strict liability claim involves a product defect, each of the three categories of defect — manufacturing defect, design defect, and failure to warn — are addressed in depth. Finally, this section addresses the remaining elements of a strict liability claim for defective products.

Although the legal doctrine of strict liability has existed for many centuries, originating with cases involving the sale of foods, Colorado did not formally adopt it until the 1970s.⁵ In 1965, the American Law Institute promulgated a strict liability cause of action for defective products in the Restatement (Second) of Torts § 402A.⁶ This section provides:

(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if

(a) the seller is engaged in the business of selling such a product, and
(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

(2) The rule stated in Subsection (1) applies although

(a) the

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