Colorado law provides that:
Product liability actions for injury, damage, or death caused by the discharge of a firearm or ammunition may be based only upon “an actual defect in the design or manufacture of such firearm or ammunition and not upon the inherent potential of a firearm or ammunition to cause injury, damage, or death when discharged.”2
Colorado prohibits a firearms or ammunition manufacturer, importer, or dealer from being held liable as a third party “for the actions of another person.” Plaintiffs are liable for attorney fees in suits dismissed under the law.3
Colorado permits actions against a firearm or ammunition manufacturer, importer, or dealer for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state or federal statute or regulation.”4 In any such action, the plaintiff has the burden of proving by clear and convincing evidence that the defendant violated the state or federal statute or regulation.5
Colorado also provides rules regarding proximate cause relevant to product liability actions involving firearms or ammunition:
Nothing contained in the product liability provisions for guns or ammunition will bar recovery where a plaintiff proves that the proximate cause of the injury, damage or death was a firearm or ammunition which contained a defect in manufacture causing it to be at variance from its design, or which was designed so that it did not function in the manner reasonably expected by an ordinary consumer of such a product.7
Finally, Colorado law limits lawsuits against shooting ranges based on noise emanating from the range.8
See our Gun Industry Immunity policy summary for a comprehensive discussion of this issue.
- Colo. Rev. Stat. § 13-21-504.5(1).
- Colo. Rev. Stat. § 13-21-501.
- Colo. Rev. Stat. § 13-21-504.5(2), (3).
- Colo. Rev. Stat. § 13-21-504.5(4).
- Colo. Rev. Stat. § 13-21-504.
- Colo. Rev. Stat. § 13-21-505.
- See Colo. Rev. Stat. § 25-12-109(3).