C.R.S. Section 13-80-107
Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment

(1)

Intentionally left blank —Ed.

(a)

Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.

(b)

Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.

(c)

The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.

(2)

As used in this section, “manufacturing equipment” means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.

(3)

The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.

(4)

The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.

Source: Section 13-80-107 — Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑80‑101
General limitation of actions - three years 13‑80‑102
General limitation of actions - two years 13‑80‑102.5
Limitation of actions - medical or health care 13‑80‑103
General limitation of actions - one year 13‑80‑103.5
General limitation of actions - six years 13‑80‑103.6
General limitation of actions - domestic violence - six years - definition 13‑80‑103.7
General limitation of actions - sexual misconduct - third-party liability - definition 13‑80‑103.8
Limitation of civil forfeiture actions related to criminal acts 13‑80‑103.9
Limitation of actions - failure to perform a background check by a public entity - injury to a child 13‑80‑104
Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others 13‑80‑105
Limitation of actions against land surveyors 13‑80‑106
Limitation of actions against manufacturers or sellers of products 13‑80‑107
Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment 13‑80‑107.5
Limitation of actions for uninsured or underinsured motorist insurance - definitions 13‑80‑108
When a cause of action accrues 13‑80‑109
Limitations apply to noncompulsory counterclaims and setoffs 13‑80‑110
Causes barred in state of origin 13‑80‑111
Commencement of new action upon involuntary dismissal 13‑80‑112
When action survives death 13‑80‑113
New promise - effect of payment 13‑80‑114
Promise by one of parties in joint interest 13‑80‑115
Endorsement by payee - effect 13‑80‑116
Action against joint debtors or obligors 13‑80‑117
No dismissal for nonjoinder 13‑80‑118
Absence or concealment of a party subject to suit 13‑80‑119
Damages sustained during commission of a felonious act or in flight from the commission of a felonious act
Green check means up to date. Up to date

Current through Fall 2024

§ 13-80-107’s source at colorado​.gov