Every year, defective products injure thousands of older adults. When the victim is an elderly person, already vulnerable due to age, health, or isolation, the consequences can be devastating. But what does Colorado law say about this? Are defective products illegal? And what protections exist for aging consumers?
If you or a loved one suffered harm due to a faulty product, this article will help you understand how the law applies, what rights exist under state and federal law, and how older adults can protect themselves. Let’s break down the protections Colorado offers and when defective products cross the line into illegality.
Understanding Who the Law Protects: Elderly Person or At-Risk Adult?
Colorado law, under C.R.S. § 18-6.5-102, protects both at-risk elders and at-risk adults. It defines an “at-risk elder” as any person aged 70 or older. It also defines an “at-risk adult” as any individual aged 18 or older who has a disability, whether physical, mental, intellectual, or developmental, that impairs their ability to care for or protect themselves. While people commonly use the term “elderly” to describe individuals aged 65 or older, legal protections under this statute specifically apply starting at age 70 for elders and at 18 for adults with qualifying disabilities.
This classification triggers a range of legal protections that apply if someone recklessly engages in harmful conduct, especially through defective products.
The law aims to protect aging individuals from financial abuse, undue influence, and deceptive business practices. When a family member, caregiver, or business knowingly exploits or harms an at-risk adult or elder, Colorado law may impose civil liability. In cases involving intentional abuse, financial exploitation, or fraudulent conduct, criminal penalties can also apply under relevant statutes.
Defective Products as a Form of Consumer Fraud
Defective products fall under consumer fraud when manufacturers, sellers, or marketers misrepresent what the product can do or hide its dangers. Colorado law treats this as a deceptive trade practice, especially when false advertising or fake testimonials are involved.
The Colorado Consumer Protection Act (CCPA), found under C.R.S. § 6-1-101 et seq., holds businesses accountable for unfair conduct that harms consumers.
It includes clauses against:
- High-pressure sales tactics
- False representation of product safety or functionality
- Improper use of testimonials or unverified health claims
- Selling unsafe goods in bad faith
When an elderly person is the victim, the offense may be considered aggravated, particularly if the seller had actual knowledge of the danger or used pyramid schemes or scams to lure them in.
State Enforcement: What the Colorado Attorney General’s Office Can Do
The Colorado Attorney General’s Office plays a key role in enforcing consumer protection laws. Through enforcement actions, this office investigates and prosecutes companies that violate the CCPA, especially those taking advantage of older adults.
The Colorado Attorney General can issue a court order to stop a business from continuing harmful practices. In some cases, companies may be forced to pay actual damages, return personal property, or provide other resources to victims. If the business violated good faith, the penalties increase.
The federal agency that oversees national protections, the Federal Trade Commission (FTC), may also step in, especially if identity theft, credit report fraud, or odometer fraud is involved.
When Financial Exploitation Enters the Picture
A defective product doesn’t just cause property damage or injury; it often leads to financial exploitation. For example, an auto dealer might sell a new car with known safety issues to an older buyer, hiding details under deceptive business practices.
Other examples include:
- Selling a faulty device in a mobile home park to seniors without full disclosure
- Using high-pressure sales tactics to push unnecessary services
- Charging elderly residents for repairs or products they never requested
When this happens, it’s not just unethical; it may be illegal under both Colorado and federal law.
How Credit Bureaus and Identity Theft Play a Role
Some scams tied to defective products go deeper. Elder abuse increasingly includes identity theft schemes. If an older adult shares payment info to obtain services from a fraudulent business, they might find unfamiliar activity in their credit file or credit report.
In Colorado, victims can report these incidents to the credit bureau, state agency, or federal agency like the FTC. These agencies investigate fraud, issue alerts, and help restore stolen identities.
When an elderly person can’t pay bills or loses financial resources because of such fraud, the law allows them to seek compensation.
What Adult Protective Services and Social Services Can Do
If someone suspects elder abuse, adult protective services or human services can intervene. Under Colorado’s mandatory reporting laws (C.R.S. § 18-6.5-108), professionals, including health care providers and social services workers, must report suspected abuse, neglect, or exploitation.
Cases of neglect, health care fraud, or financial manipulation related to defective products are not just private matters; they’re often public health concerns that demand immediate legal action.
These agencies provide referrals, initiate court orders, and may offer legal assistance when needed.
Colorado’s Lemon Law: Protections for Vehicle Defects
The Colorado Lemon Law protects prospective purchasers of new cars that suffer from recurring defects. If a defect substantially impairs the vehicle’s safety or function and the auto dealer fails to fix it after several tries, the buyer may be eligible for a refund or replacement.
Although the law is not specific to seniors, its impact is profound for older adults who rely on vehicles for mobility, health visits, or grocery runs. If a dealer engages in deceptive trade practices or fails to act in good faith, victims can assert their rights under the Colorado Lemon Law through legal actions in the appropriate trial or appellate courts. While most Lemon Law disputes do not reach the Colorado Supreme Court, state courts have upheld consumer protections in cases involving serious safety defects and repeated repair failures.
What Legal Options Exist?
Colorado offers civil and criminal routes for victims and their families. An eligible family member or their legal representative can file a legal action to:
- Recover actual damages
- Reclaim lost or stolen personal property
- Demand an end to price gouging and other deceptive trade practices
When the conduct shows actual knowledge and intent to harm, it may result in stronger penalties. Colorado also respects the role of legal assistance and social services in guiding victims to safe outcomes and more responsible decisions.
Defective Products That Harm the Elderly Are Not Just Dangerous, They’re Often Illegal
In Colorado, selling or marketing defective products that harm seniors can be more than negligent; it may be illegal. Colorado laws and consumer protection statutes give older adults strong safeguards against exploitation, fraud, and abuse.
These laws recognize that elderly individuals face unique vulnerabilities. When businesses fail to act in good faith, use deceptive business practices, or ignore safety concerns, they can be held accountable.
If someone you love has been hurt or exploited by a defective product, don’t wait. The law provides paths for justice. The Bourassa Law Group is here to help you explore your legal options and protect the dignity, health, and financial well-being of Colorado’s seniors. Contact us today for a free consultation.
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