Product Liability in Colorado

Colorado generally bars a product-liability action against a seller unless the seller is also the manufacturer, subject to a statutory rule when the manufacturer cannot be brought into the case. Ten years after a product is first sold for use or consumption, a rebuttable presumption applies that it was not defective, the manufacturer or seller was not negligent, and warnings and instructions were adequate. Some new manufacturing equipment also has a separate seven-year limit with exceptions. These rules affect claim analysis, not insurance coverage.

What Is Product Liability Insurance?

Product liability can cover claims that a product you make, import, distribute or sell injured someone or damaged property. If your business handles products, describe every role in the supply chain and ask how the quote treats product damage and recall costs. Read the national Product liability guide.

What to Watch for With Product Liability in Colorado

  • Describe whether you make or only sell the product

    Colorado generally does not allow a product-liability action against a seller unless it is also the product or relevant-part manufacturer. If a court cannot obtain jurisdiction over a manufacturer, its principal distributor or seller that is subject to jurisdiction may be treated as the manufacturer. Keep accurate records of manufacturing, assembly, private labeling, and distribution roles; ask counsel how the statute applies to your operations. 1

  • Treat the ten-year rule as a rebuttable presumption

    Ten years after first sale for use or consumption, Colorado applies a rebuttable presumption that the product was not defective, that the manufacturer or seller was not negligent, and that warnings and instructions were adequate. This is not a ten-year cutoff. Preserve first-sale, manufacturing, warning, and product-change records so counsel can assess any claim involving an older product. 2

  • Check whether the product is new manufacturing equipment

    For actions involving new manufacturing equipment, Colorado generally bars a claim arising more than seven years after first intended use by someone outside the equipment business. The definition is narrow: equipment used to produce a commercially sold new product distinct from its input materials. The statute addresses hidden defects, prolonged hazardous-material exposure, and intentional misrepresentation or fraudulent concealment. It also says the seven-year provision does not apply when a manufacturer, seller, or lessor gave an express written warranty against design, manufacture, or materials defects for longer than seven years and both injury and claim arose during that warranty; subsection (1) also does not apply to specified indemnity actions by a manufacturer, seller, or lessor against another person who may be liable for the judgment. Confirm the equipment, claim, warranty, and indemnity posture before relying on this specialized rule. 3

  • Keep records about product use and the incident

    Colorado compares the injured person's causal fault with the fault of other parties in product-liability cases and reduces damages in proportion to that person's fault. Preserve instructions, training, maintenance, incident, and product-condition records; ask counsel which facts matter to a specific claim. 4

Which Product Liability Providers Have Colorado License Records?

These providers publish a national listing for Product liability; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Colorado. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Vouch

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Vouch Specialty Insurance Services, LLC

    Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 18

    Vouch lists product liability among the core coverages in its technology-company programs.

Who Regulates Insurance in Colorado?

Colorado Division of Insurance

The Division administers Colorado insurance laws and regulates insurers and insurance producers. You can search producer licenses through Colorado’s official DORA lookup and send insurance complaints to the Division. 5,6,7

Surplus-Lines Tax and Stamping Office in Colorado

Reported tax rate. 3% of net premium 8,10,9

When Colorado is the insured’s home state, its surplus-lines tax is 3% of taxable premium. The Colorado Surplus Lines Association says insurer or broker fees charged in connection with the placement are included in the tax base; federal or other-state taxes and examination fees are excluded. For multistate risks, a tax-sharing agreement may allocate premium tax to other states.

Questions to Ask Before You Buy Product Liability in Colorado

  1. Does our application identify when we act as manufacturer, private-labeler, importer, assembler, or seller in Colorado?
  2. What product records should we keep to document first sale, first use, warnings, and later changes?
  3. How do the policy's product wording and reporting terms address claims involving older products and multiple sellers?

Product Liability Insurance in Colorado: Frequently Asked Questions

Does Colorado’s ten-year product rule automatically bar an older-product claim?

No. Section 13-21-403 creates a rebuttable presumption ten years after first sale for use or consumption; it does not state an automatic filing bar. 2

Can a Colorado product claim name a seller that did not manufacture the product?

Section 13-21-402 generally bars product-liability actions against a seller unless it is also the manufacturer. If jurisdiction cannot be obtained over the manufacturer, its principal distributor or seller over whom jurisdiction can be obtained may be treated as the manufacturer. 1

Product Liability Insurance Guides for Other States

Other coverage in ColoradoEvery coverage guide for Colorado, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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