Chapter 3 - § 3.2 • ELEMENTS OF STRICT LIABILITY

• Jurisdiction: Colorado

§ 3.2 • ELEMENTS OF STRICT LIABILITY

Under Colorado law, the most often stated elements of a product liability strict liability claim are:

1) The product has a "defective condition unreasonably dangerous" to the consumer;
2) The product was expected to and did reach the consumer without substantial change in that condition;
3) The defect of the product caused the plaintiff's injury;
4) The defendant sold the product and is engaged in the business of selling products; and
5) The plaintiff sustained damages.¹⁵

There are other requirements for a strict liability claim, although they are not always listed as elements. For example, the defendant must be the manufacturer of the product.¹⁶ The issues defining what entity is a manufacturer and thus amenable to suit are addressed in § 2.3.

15 See Bartholic v. Scripto-Tokai Corp., 140 F. Supp. 2d 1098, 1106 (D. Colo. 2000); Barton v. Adams Rental, Inc., 938 P.2d 532, 536-37 (Colo. 1997); Union Supply Co. v. Pust, 583 P.2d 276, 282-83 (Colo. 1978); see also ...