ENDNOTES
1.
CR5.§l3-2l-l 15. C.R.S.§l3-2l-l 15(2) provides in pertinent
part:
In any civil action brought against
a landowner by a person who alleges injury occumng while on the
real property of another and by reason of the condition of such
property, or activities conducted or circumstances existing on
such property, the landowner shall be liable only as provided
in subsection (3) of this section.
In Lawson v. Safeway, Inc., 878 P.2d 127, 129-30 (Cob.
App. 1994), the court of appeals recognized that the proper theory
on which to base a premises liability claim is not negligence,
but pursuant to the Premises Liability Statute. Similarly, in
Sofford v. Schindler Elevator Corp., 954 F. Supp. 1459.
1461 (D. Cob. 1997), the court, applying Colorado law, held that
a plaintiff may only recover against a landowner pursuant to
C.R.S. §l3-21-115 and not any other theory of negligence."
(citing Casey v. Christie Lodge Owner's Ass'n, Inc., 923
P. 365, 367-68 (Cob. App. 1996)).
It is unclear how the Colorado
Supreme Court would rule in a case involving both the Premises
Liability Act and the Products Liability Act. However, the fact
that the General Assembly elected to create two specific statutes
lends support for the position that both serve as a basis of
recovery.
2. Anderson
v. M.W. Kellogg Co., 766 P.2d 637, 640 (Cob. 1988).
3. C.R.S.
§13-80-l02(l) (a) and (b).
4. C.R.S.
§13-80-l04. Where a cause of action arises in the fifth
or sixth year after substantial completion, the action can be
brought within two years of when the cause of action arises.
C.R.S. §13-80-l04(2).
5. C.R.S.
§13-80-104(3).
6. The
manufacturer would also have to show that it is a party that
is within the scope of the statute=s protection, which is not
at all clear.
7.
C.R.S. §13-2l-4O1 et seq.
8. For
an excellent discussion of state and federal cases considering
under what circumstances the doctrine of strict liability in
tort is applicable to allow recovery for damages caused by defects
in buildings or land, see
Annotation, Recovery, Under Strict Liability In Tort,
For Injury Or Damage Caused By Defects In Building Or Land,
25 A.L.R.4th 351 (1983). See also Annotation, Financing Agency's
Liability To Purchaser Of New Home Or Structure For Consequences
Of Construction Defects, 20 A.L.R.Sth 499 (1994); Annotation,
Products Liability:
Roofs And Roofing Materials, 3 A.L.R,5th 851 (1992); Annotation,
Products Liability: Cement And Concrete, 15 A.L.R.4th
1186 (1982); Annotation, Liability Of Builder Of Residence
For Latent Defects Therein As Running To Subsequent Purchasers
From Original Vendee, 10 A.L.R.4th 385 (1981); Annotation,
Liability Of Manufacturer, Seller, Or Installer For Personal
Injury Caused By Door Glass, 84 A.L.R. 3d 877 (1978); Annotation,
Duty Of Contractor To Warn Owner Of Defects In Subsurface
Conditions, 73 A.L.R.3d 1213 (1976); Annotation, Liability
Of Builder Or Subcontractor For Insufficiency Of Building Resulting
From Latent Defect In Materials Used, 61 A.L.R.3d 792 (1975).
This discussion focuses on injuries to persons and property caused
by equipment and components installed on real property. For a
discussion of strict products liability claims in cases involving
structures or shelters not permanently attached to land such
as manufactured homes, trailers and mobile homes, see Annotation,
Products Liability: Liability For Injury or Death Allegedly
Caused By Defect in Mobile Home or Trailer, 61 A.L.R.Sth
473(1998).
9. Scott
v. The City and County of Denver, dba Denver International Airport
("DIA") and Montgomery Elevator Company ("Montgomery"),
97 CV 1094, Courtroom 9, in the District Court for the City and
County of Denver.
10. See
C.R.S. §13-2I-402(l) (no product liability claim against
any seller of a product which is alleged to contain a defective
condition unless the seller is also the manufacturer of the product).
11. Wright
v. Creative Corporation, 30 Cob. App. 575, 498 P.2d 179(1972).
12. ld.
13. Order
granting Montgomery's Motion for Partial Summary Judgment, December
12, 1997.
14. Wright
v. The May Department Stores, Centric Elevator Corp., and Otis
Elevator Corp. ("Otis"), 85 CV 8474, District Court
for the City and County of Denver.
15 Wright
v. Creative Corp., 30 Cob. App. 575, 498 P.2d 1179(1972).
16 Id.;
McClanahan v. American Gilsonite Co., 494 F. Supp. 1334 (D.
Cob. 1980); Greene v. Green Acres Const. Co., 36 Cob.
App. 439, 543 P.2d 108 (1975); Coburn v.Lenox Homes, Inc.,
378 A.2d 599 (Conn. 1977); Chapman v. Lily Cache Builders,
Inc., 362 N.E.2d 811(111. App. 1977); Cox v.Schaffer.
302 A.2d 456 (Pa. Super. 1973); K-Mart Corp. v. Midcon Realty
Group Ltd., 489 F. Supp. 813 (D. Conn. 1980).
17. See,
e.g., Del Mar Beach Club Owners Assn.v. Imperial Contracting
Co., 123 Cal. App.3d
898 (1981); Adobe Bldg. Centers, Inc. v. Reynolds, 403
So.2d 1033 (Fla. App.1981); Mike Bajalia, Inc. v. Amos Const.
Co., Inc., 235 S.E.2d 664 (Ga. App. 1977); O'Laughlin
v. Minnesota Natural Gas Co.,
253 N.W.2d 826 (Minn. 1977); State Stove Mfg. Co. v. Hodges,
189 So.2d 113 (MiSS. 1966); Worrell v. Barnes, 484 P.2d
573 (Nev. 1971); Hovenden v. Tenbush, 529 S.W.2d 302 (Tex.
Civ. App. 1975);
Earnest W. Hahn, Inc. v. Armco Steel Co., 601 P.2d 152
(Utah 1979); Gay v. Cornwall, 494 P.2d 1371 (Wash. App.
1972); La Cross v. Schubert, Schroeder & Assoc., Inc.,
240 N.W.2d 124 (Wis. 1976).
18. See.
e.g., Blagg v. Fred Hunt Co., Inc., 612 S.W.2d 321 (Ark.
1981); Miller v. Los Angeles County Flood Control Dist.,
505
P.2d 193 (Cal. 1973).
19. See
63 AM.JUR.2d Products Liability §§9, 22-25 (1987).
20. See
Simon v. Coppola, 876 P.2d 10 (Cob. Ann. 1993).
21. 25
A.L.R.4th at 356 (citing 63 AM.JUR.2d Products Liability §123).
22. C.R.S.
§13-21-401(2).
23. Wright
v. Creative Corp., 498 P.2d 1179 (1972); see also Enright
v. City of Colorado Springs, 722 P.2d 402, 407 n. 2 (Colo.
1986).
