CO · jury_instructions
CJI-Civ. 14:25
Affirmative Defense — Unreasonable, Knowing Use of Defective Product or Product Not in Compliance with Warranty
The voluntary and unreasonable use of a defective product with knowledge of the
specific danger created by a defect is an affirmative defense.
The defendant, (name), is not legally responsible to the plaintiff, (name), on the
plaintiff’s claim of damages for (sale of a defective product) (breach of warranty) if this
affirmative defense is proved. This affirmative defense is proved if you find all of the
following:
1. At the time the plaintiff (was) (claims to have been) (injured) (damaged), (insert
applicable pronoun) had actual knowledge of the specific danger created by the defect, and
knew that this specific danger created a risk of (injury) (damage);
2. The plaintiff voluntarily and unreasonably exposed (insert applicable pronoun) to
the risk of (injury) (damage); and
3. The plaintiff’s (use) (continued use) of the product was a cause of the plaintiff’s
claimed (injuries) (damages).
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
cd1248a1dd60e22e4491b9db9dbb781341ad1aeca11a5691fcd20e6205842057
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.