Chapter 34 - § 34.3 • ELEMENTS

• Jurisdiction: Colorado

§ 34.3 • ELEMENTS

To establish a prima facie case for strict liability misrepresentation under § 402B, as adopted in Colorado, the plaintiff must show:

1) A misrepresentation of a material fact concerning the character or quality of a product;
2) The misrepresentation was made to the public; and
3) Physical harm to the plaintiff must have resulted from justifiable reliance on the misrepresentation.⁹

Under Colorado's Civil Jury Instructions, for a plaintiff to recover for strict products liability for misrepresentation, the plaintiff must prove by a preponderance of the evidence that:

1) The defendant sold (or leased¹⁰ ) the product;
2) The defendant was engaged in the business of selling (or leasing) the product for resale, use, or consumption;
3) The defendant misrepresented a fact concerning the character or quality of the product that would be material to potential purchasers or users (or lessees¹¹ ) of the product;
4) The misrepresentation was made to potential purchasers or users (or lessees) as members of the public at large;
5) As a purchaser or user (or lessee), the plaintiff or third person reasonably relied on the misrepresentation;
6) The plaintiff was a person who would reasonably be expected to use, consume, or be affected by the product; and
7) The plaintiff had injuries, damages, or losses caused by the reasonable reliance.¹²

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Notes:

^[9] Id. at 222.

^[10] CJI-Civ. 14:22...