Supreme Court of Colorado

Savannah Boles, Petitioner v. Sun Ergoline, Inc., a Delaware Corporation, Respondent

February 8, 2010223 P.3d 724

Summary

The court held that an ordinary consumer's release of a product manufacturer cannot bar a strict products liability claim for personal injury when the only consideration is the consumer's right to use the product. The lower courts erred by applying the public-policy test applicable to releases of simple negligence rather than analyzing the distinct policy basis of strict products liability. The judgment was reversed and the case was remanded for further proceedings.