Defective Product Injury Claims in CO | Conduit

The product was supposed to work. That’s the deal. You bought it, you used it the way it was meant to be used, and it hurt you. A power tool that shattered. A car part that failed. A medical device that malfunctioned. A children’s toy that broke into sharp pieces.

You held up your end. They didn’t.

In Colorado, you don’t need to prove the manufacturer was careless. You need to prove the product was defective. That’s a critical distinction—and it tilts the playing field in your favor.

Colorado’s Strict Liability Standard for Defective Products

Under the Colorado Product Liability Act (C.R.S. §13-21-401 et seq.), manufacturers, distributors, and sellers can be held strictly liable for injuries caused by defective products. This means you don’t have to prove anyone was negligent—you just need to establish three things:

1. The product was defective when it left the defendant’s control
2. The defect made the product unreasonably dangerous
3. The defect caused your injury

That’s it. You don’t need internal emails showing the company knew about the problem. You don’t need a whistleblower. You don’t need to prove they cut corners. The defect itself is the proof.

Three Types of Product Defects

Not all defects are the same. Colorado law recognizes three distinct categories, and identifying which type applies to your case shapes the entire legal strategy:

1. Manufacturing Defects

The product was designed correctly, but something went wrong during production. One unit off the assembly line is different from the rest—a metal bracket with a hairline crack, a medication with contaminated ingredients, a tire with a weak spot in the sidewall.

Manufacturing defect cases are often the most straightforward because you can compare the defective product to a properly made one. The deviation is the defect.

2. Design Defects

Every single unit of the product has the same problem because the design itself is flawed. The product was built exactly as intended—but what was intended is unreasonably dangerous.

Classic examples: an SUV prone to rollovers because of a high center of gravity, a space heater that tips over and ignites, a children’s product with small parts that detach easily. The question isn’t whether your specific unit was made wrong—it’s whether the product should have been designed differently.

Design defect cases often involve the risk-utility test: was there a safer alternative design that was economically and technically feasible? If yes, and the manufacturer chose the cheaper/more dangerous option, that’s a design defect.

3. Failure to Warn (Marketing Defects)

The product works as designed, but it has risks that weren’t adequately communicated to the user. Missing warnings, inadequate instructions, or failure to disclose known dangers.

Pharmaceutical cases frequently fall here—a drug with serious side effects that weren’t disclosed on the label. But it also applies to everyday products: a cleaning chemical without adequate ventilation warnings, machinery without proper safety instructions, supplements with undisclosed interactions.

Who Can You Hold Liable?

One of the most powerful aspects of product liability law is the chain of distribution doctrine. You can potentially sue every entity that handled the product on its way to you:

• The manufacturer—the company that designed and built the product
• Component manufacturers—the company that made the specific part that failed
• Distributors and wholesalers—companies in the supply chain
• Retailers—the store that sold it to you (yes, even Amazon and Walmart)
• Importers—for foreign-made products, the U.S. importer may bear liability

This matters because some manufacturers are foreign companies that are difficult to sue in U.S. courts. Having the retailer and distributor in the chain ensures there’s always a domestic defendant with assets and insurance.

Common Types of Defective Product Cases

Product Category	Common Defects	Typical Injuries
Vehicles & Parts	Airbag failures, brake defects, tire blowouts, seatbelt malfunctions	Traumatic brain injury, spinal cord injury, death
Medical Devices	Hip/knee implant failures, surgical mesh complications, pacemaker defects	Organ damage, infection, additional surgeries
Pharmaceuticals	Undisclosed side effects, contamination, inadequate warnings	Organ failure, cancer, death
Consumer Electronics	Battery explosions, electrical shorts, overheating	Burns, fires, property damage
Children’s Products	Choking hazards, toxic materials, structural collapse	Choking, poisoning, crush injuries
Power Tools & Machinery	Guard failures, kickback, missing safety features	Amputations, lacerations, eye injuries
Household Appliances	Fires, electrical shock, carbon monoxide	Burns, smoke inhalation, death

What Compensation Can You Recover?

Product liability cases in Colorado can recover:

• Medical expenses—past and future treatment related to the defective product injury
• Lost wages and earning capacity—if the injury affects your ability to work
• Pain and suffering—physical pain and emotional distress
• Disfigurement—scarring or permanent physical changes
• Property damage—the defective product itself plus anything it damaged
• Loss of enjoyment of life

In cases involving particularly reckless conduct—like a manufacturer that knew about a defect and concealed it—exemplary (punitive) damages may be available under C.R.S. §13-21-102.

Critical Evidence: Preserve the Product

This cannot be overstated: do not throw away, repair, or return the defective product. It is the most important piece of evidence in your case.

• Keep the product exactly as it is—don’t try to fix it, don’t let the manufacturer take it back for “inspection”
• Preserve all packaging, instructions, warnings, and receipts
• Photograph the product, the defect, and the injury it caused
• Keep records of where and when you purchased it

If the manufacturer contacts you offering a “replacement” or asking to “inspect” the product—talk to an attorney first. Companies sometimes use these requests to gain possession of evidence and make it disappear.

The Statute of Limitations

Colorado has a 2-year statute of limitations for product liability claims (C.R.S. §13-80-106). The clock generally starts from the date of injury—but the discovery rule may apply if the connection between the product and your injury wasn’t immediately apparent.

There’s also a statute of repose—Colorado generally bars product liability claims brought more than 10 years after the product was first sold, with some exceptions for long-latency injuries.

Frequently Asked Questions

Do I need to prove the manufacturer was negligent?

No. Colorado applies strict liability to defective product cases. You need to prove the product was defective and the defect caused your injury—not that the manufacturer was careless. This is a significant legal advantage for injured consumers.

What if I was partially at fault?

Colorado’s modified comparative fault applies. If you misused the product in an unforeseeable way, your recovery may be reduced. But if you used the product as intended (or in a way that was reasonably foreseeable), the manufacturer can’t escape liability by blaming you.

Can I sue if the product was recalled?

Absolutely. A recall actually strengthens your case because it’s an admission that the product was defective. If you were injured before the recall, or if you never received recall notice, the manufacturer’s liability is clear.

What if I bought the product used?

You can still have a valid claim against the original manufacturer and the chain of distribution. Strict liability applies regardless of whether you were the original purchaser. However, if the product was modified by a previous owner, that complicates the analysis. Contact Conduit Law to discuss your specific situation.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult with an attorney for advice regarding your specific situation.

Products are supposed to be safe. When they’re not, the companies that profit from selling them are responsible for the damage. Talk to Conduit Law—free consultation, no fee unless we recover for you.