Colorado Defective Product Attorneys

At DearLegal, we connect you with experienced Colorado defective product attorneys who understand the state’s 7-year products statute of repose under C.R.S. § 13-21-403, the strict 50% comparative fault bar, and the unique product cases that come out of Denver, Colorado Springs, and the state’s outdoor-recreation and aerospace sectors. Whether you were hurt by a defective snowmobile, ATV, pharmaceutical, or industrial machine, we’ll match you with the right attorney at no cost to get started.

Colorado recognizes manufacturing defects, design defects, and failure-to-warn defects under § 402A and C.R.S. § 13-21-401. Design defects are analyzed under risk-utility (Camacho v. Honda Motor Co., 1987), considering factors like the product’s utility, gravity of harm, feasibility of safer design, and the user’s ability to avoid danger.

Manufacturing defects are individual unit defects. Design defects affect the entire product line. Failure-to-warn defects mean the product is safe with proper warnings but the manufacturer failed to provide them. Colorado plaintiffs often plead all three.

Yes. Colorado courts can impose spoliation sanctions on either side that destroys product evidence. Photograph the product, secure it, and send preservation letters to manufacturer, distributor, and retailer.

Manufacturers, distributors, wholesalers, and retailers. Colorado has a non-manufacturing-seller protection at C.R.S. § 13-21-402 — sellers can be dismissed if they identify the manufacturer and the manufacturer is solvent and subject to jurisdiction. Component manufacturers remain on the hook for their parts.

Federal recall notices (NHTSA, CPSC, FDA) are typically admissible evidence of defect. A recall can also overcome the 7-year repose presumption under § 13-21-403 by showing actual notice of defect.

Pre-suit offers often undervalue future damages. Have a Colorado attorney evaluate the full claim — including the new $1.5M non-economic cap under HB 24-1472 — before signing any release.

Colorado defective product attorneys typically work on contingency — 33% to 40% of recovery. Case costs (experts, depositions, testing) are advanced by the firm and reimbursed from the recovery.

Why Do You Need a Defective Product Attorney in Colorado?

Colorado adopted strict products liability under Restatement (Second) § 402A in Hiigel v. General Motors (1975) and codified key product rules at C.R.S. §§ 13-21-401 to -406. The state imposes a 7-year products statute of repose under C.R.S. § 13-21-403 — meaning products sold more than 7 years before the injury enjoy a rebuttable presumption of non-defect. Colorado is a modified comparative fault state with a 50% bar (C.R.S. § 13-21-111), and the 2-year statute of limitations (C.R.S. § 13-80-102) runs from injury or discovery. The state also recognizes important seller protections — non-manufacturing sellers can avoid liability if the manufacturer is solvent and identifiable under § 13-21-402.

When Do You Need a Defective Product Attorney in Colorado?

Our network includes Colorado defective product attorneys who handle every kind of case, including:

Types of Defective Product Cases in Colorado

From the moment you connect with a Colorado defective product attorney, they go to work protecting your claim. The most common case types we handle:

Discarding or returning the defective product — destroying the case

Missing the 2-year SOL (or 3-year for vehicle-related defects), especially when the discovery rule applies

Failing to challenge the 7-year repose presumption under C.R.S. § 13-21-403 with recall or prior-incident evidence

Accepting a manufacturer settlement without accounting for the new $1.5M non-economic cap and uncapped economic damages

Posting product photos or social commentary — defense uses these for misuse arguments

Missing MDL opt-out deadlines for federally consolidated product cases

Discarding or returning the defective product — destroying the case

Missing the 2-year SOL (or 3-year for vehicle-related defects), especially when the discovery rule applies

Failing to challenge the 7-year repose presumption under C.R.S. § 13-21-403 with recall or prior-incident evidence

Accepting a manufacturer settlement without accounting for the new $1.5M non-economic cap and uncapped economic damages

Posting product photos or social commentary — defense uses these for misuse arguments

Missing MDL opt-out deadlines for federally consolidated product cases

Common Colorado Defective Product Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Colorado Defective Product Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Colorado defective product attorneys work on contingency — typically 33% to 40% of recovery. With the new $1.5M non-economic cap, 7-year repose presumption, and 50% comparative-fault bar, skilled counsel is critical. Case costs are advanced by the firm.

What Can Your Colorado Defective Product Compensation Include?

Economic Damages

Medical bills, future medical care, lost wages, lost earning capacity, property damage. Uncapped in Colorado.

Non-Economic Damages

Pain and suffering, emotional distress. Capped at approximately $1.5M for cases filed on or after January 1, 2025 under HB 24-1472 (with inflation adjustments). Wrongful death cap is approximately $2.125M.

Punitive (Exemplary) Damages

Available for willful and wanton conduct under C.R.S. § 13-21-102. Capped at the amount of actual damages (1:1 ratio); court may increase up to 3x if conduct continued or was aggravated during litigation.

Loss of Consortium

Spouse may recover for loss of companionship and services under Colorado common law. Children’s claims for parental consortium are limited.

Wrongful Death

Recoverable under C.R.S. § 13-21-201. 2025 non-economic cap approximately $2.125M; no cap for felony homicide cases.

Medical Monitoring

Colorado courts have allowed medical monitoring as part of tort recovery in toxic-tort cases where exposure is shown, though typically tied to present injury (Cook v. Rockwell International). VERIFY: limits in non-physical-injury contexts.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Colorado Defective Product Attorneys

Why Do You Need a Defective Product Attorney in Colorado?

When Do You Need a Defective Product Attorney in Colorado?

Types of Defective Product Cases in Colorado

Common Colorado Defective Product Mistakes

How Much Do Colorado Defective Product Attorneys Cost?

What Can Your Colorado Defective Product Compensation Include?

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