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Statutes of Limitations: Limitation of Actions Against Manufacturers, Sellers, or Lessors of New Manufacturing Equipment

Please Read our General Disclaimer and Statute of Limitations Disclaimer.

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 equipment¹, or any component part thereof, or involving the sale or lease of such equipment shall be brought within two years and not thereafter.²

Except as provided below, 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.³

The time limitation of seven years 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.⁴

The provisions above 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 seven years,⁵ if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.

The above provisions 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.⁶

¹ “Manufacturing equipment” means equipment used in the operation of 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 material used in the operation or process. C.R.S. 13-80-107(2), 2002. Back
² C.R.S. 13-80-107(1)(a), 2002. Back
³ C.R.S. 13-80-107(1)(b), 2002. Back
⁴ C.R.S. 13-80-107(1)(c), 2002. Back
⁵ See C.R.S. 13-80-107(1)(b), 2002. Back
⁶ C.R.S. 13-80-107(4), 2002. Back