Chapter 34 - EXHIBIT 34A • SAMPLE COMPLAINT FOR PRODUCTS LIABILITY — MISREPRESENTATION

• Jurisdiction: Colorado

EXHIBIT 34A • SAMPLE COMPLAINT FOR PRODUCTS LIABILITY — MISREPRESENTATION

[ ] District Court [ ] County Court __________ County, Colorado Court Address:	COURT USE ONLY
Plaintiff(s): v. Defendant(s):
Attorney or Party Without Attorney (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #:	Case Number: Div.: Ctrm.:
COMPLAINT AND JURY DEMAND[1 ]

Plaintiff(s), by his/her counsel, complain(s) against Defendant(s) as follows:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a resident of the City of [city], County of [county], State of [state].

2. Defendant is [specify, such as: a (type of business entity) organized under the laws of (state) with its principal place of business at (street address), (city), (state and zip code)]. [If defendant is not organized under Colorado law, add: Defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, because (insert applicable reasons under C.R.S. § 13-1-124, such as the transacted business and/or commission of a tort within this State).]

3. This court has jurisdiction over the subject matter at issue because this is a civil action for damages and/or equitable relief. Colo. Const. Art. VI, § 9(1). [Adjust as needed to address requirements of federal rules or statutes.]

4. Venue in this court is proper pursuant to [specify basis for venue, per C.R.C.P. 98, and cite relevant subsection of C.R.C.P. 98]. [Adjust as needed to address requirements of federal rules or statutes.]

GENERAL ALLEGATIONS

5. On [date], Plaintiff [describe how Plaintiff came to be injured and by what product].

6. Defendant is in the business of [describe type of business].

7. Defendant sold the [product(s) causing injury to Plaintiff] that is/are the subject of this action.

8. Defendant sold the [product that caused injury to Plaintiff] that is the subject of this action while engaged in the business of selling the product for resale, use, or consumption.

9. [If material misrepresentation was made in advertising, add: On or about (date or span of time) Defendant advertised the (name of product) through (describe method of advertising, such as: radio ad, television commercial, or weekly circular distributed in the newspaper).]

10. [If material misrepresentation was made on the product's label, add: On or about (date or span of time) the product sold by Defendant carried a label stating or showing that (describe misrepresentative material included on product label).]

11. Through the above-described [advertisements OR label], Defendant misrepresented a material fact to the public about the quality or character of the product, namely that: [describe material misrepresentation of fact made in the advertisements or on the label about the character or quality of the product].

12. As a direct and proximate result of [describe the way Plaintiff became injured], Plaintiff suffered [describe injuries].

13. [If applicable] As a direct and proximate result of Defendant's sale of the product, Plaintiff incurred economic losses, including [specify economic losses, including hospitalizations, medical treatment, physical therapy, prescription medication, lost income, loss of earning capacity, etc.].

14. [If applicable] As a direct and...