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Colorado Causes of Action: Ch 30. Products Liability—Misrepresentation

Douglas S. MacGregor and Alyssa Rosen and Steven C. Choquette, general editor
Item No: BK1035-30
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Chapter 30: Products Liability - Misrepresentation
Introduction
A. Definition
B. Elements
1. The defendant sold the product while engaged in the business of selling the product for resale, use, or consumption
2. The defendant misrepresented to potential purchasers, or to users as members of the public at large, a fact concerning the character or quality of the product that would be material to potential purchasers or users as members of the public at large
3. The plaintiff or a third party, as a purchaser or user of the product, reasonably relied on the misrepresentation
4. The plaintiff incurred damages caused by his or her own or a third party’s reasonable reliance on the misrepresentation
C. Elements Defined
D. Defenses
Assumption of Risk
Comparative Fault in Product Liability Actions
Designation of Nonparty at Fault
Misuse
Open and Obvious
State of the Art
Statute of Limitations
Statute of Repose
Strict Products Liability Defenses
Unavoidably Unsafe Product
E. Remedies
F. Forms
Complaint for Product Liability—Misrepresentation

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