concurring in part and dissenting in part:
I agree with Part II of the majority opinion holding that state-of-the-art evidence introduced by a manufacturer is both relevant and admissible as a defense to a strict liability failure-to-warn claim. I disagree, however, with the majority’s conclusion in Part III and therefore, respectfully dissent to that part.
I
Section 13-50.5-105, 6A C.R.S. (1985 Supp.), prior to the 1986 amendments to that section,1 provided:
(1) When a release or a covenant not to sue or not enforce judgment is given in *1178good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or the amount of the consideration paid for it, whichever is greater;
(b) It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
The majority concludes that, in spite of the plain language of this section, “settlement amounts must be actually collected before they may be set off against the total judgment owed by the remaining tortfea-sors.” Maj. op. at 1177.
In reaching this conclusion, the majority correctly observes that in Perlmutter v. Blessing, 706 P.2d 772 (Colo.1985), we stated, in dicta, that “[t]he application of [section (l)(a) ] ... is clear: either the settlement amount or the amount provided for in the settlement document, whichever is greater, must be deducted from the total judgment against the remaining tortfea-sors.” Id. at 775. The majority is also correct in observing that this statement had little practical significance in Perlmut-ter. Whether this statement was dictum, and whether it was of practical significance in Perlmutter, one thing is perfectly clear: This statement is nothing more than a rephrasing of the plain language of section 13-50.5-105(l)(a).
We have repeatedly stated that the primary task of a court in construing a statute is to ascertain and give effect to the intent of the legislature. See People v. Schuett, 833 P.2d 44 (Colo.1992); Goebel v. Colorado Dept. of Inst., 830 P.2d 1036 (Colo.1992). We have also repeatedly stated that in giving effect to legislative intent, our starting point is the language of the statute itself. See Colorado State Bd. of Medical Examiners v. Saddoris, 825 P.2d 39 (Colo.1992); R.E.N. v. City of Colo. Springs, 823 P.2d 1359 (Colo.1992). In addition, we have said that the language of a statute is to be given effect according to its commonly accepted and understood meaning. Jones v. Cox, 828 P.2d 218 (Colo.1992).
The term “stipulation” is defined as “a material condition, requirement, or article in an agreement.” Black’s Law Dictionary 1415 (6th ed. 1990) (emphasis added). An “agreement” is further defined, in part, as “the union of two or more minds in a thing done or to be done.” Id. at 67 (emphasis added). According to its commonly accepted meaning therefore, the language “[a]ny amount stipulated by the release or covenant, or the amount of consideration paid” cannot be understood to contain the requirement that such “stipulated” amounts actually be collected by the injured party. See In Re Joint E. Southern Dists. Asbestos Lit., 798 F.Supp. 940, 954 (E.D.N.Y. & S.D.N.Y.1992) (construing statute similar to § 13-50.5-105, 6A C.R.S. (1985 Supp.), and allowing set-off in the amount of $590,000 stipulated to by Fibre-board while recognizing that, contingent upon Fibreboard’s action against its insurer, settling plaintiff may not recover anything from Fibreboard); Tommy’s Elbow Room, Inc. v. Kavorkian, 754 P.2d 243 (Alaska 1988) (construing identical statutory provision and finding no requirement of actual payment of monies prior to set-off).
Though the plain language of the statute itself provides sufficient grounds for my disagreement with the majority’s “actual collection” rule, there are additional considerations that warrant a contrary result. Because recovery from the Manville Trust turns on a number of contingencies which *1179may or may not result in actual collection, the majority holds that the amount of that settlement cannot be set off. I, however, am unable to find a principled basis by which to distinguish those contingencies from any number of other contingencies which may arise in the context of a settlement agreement. For example, if actual collection is required prior to set-off, then in all structured settlement agreements remaining tortfeasors will not be entitled to have judgments against them reduced by the aggregate amount of such settlements. Like the settlement with the Manville Trust, there can be no absolute guarantee that, whether insured or not, every installment of a structured settlement will actually be paid. This will be the case for each and every installment of the structured settlement, until each is actually tendered. Therefore, an actual collection rule is likely to create serious administrative difficulties that can only result in confusion and unnecessary litigation.
Moreover, as one court has correctly observed, “[a] rule ... that treated contingent settlements as zero would not only be unfair to the defendant but also might encourage all plaintiffs to make all settlements contingent upon some future event so as to reduce the total set-offs to nothing and collect full joint and several recovery from non-settlors.” In Re Joint E. & Southern, 798 F.Supp. at 954. Creating an actual collection requirement, therefore, would not only invite confusion and litigation, but actually could hinder the statute’s effective and intended operation of allowing set-offs for stipulated amounts against the total judgment owed by remaining tort-feasors.
II
I find it unnecessary to recast the meaning of section 13-50.5-105(l)(a) to require that settlement monies actually be paid pri- or to their set-off against the total judgment owed by other tortfeasors. Had the General Assembly intended this additional requirement to be met prior to set-off, it simply could have included a provision so requiring in the statute. Because the legislature did not so provide, and because implying such a requirement would create serious problems that will likely defeat the very purpose of the statute, I would reverse that part of the court of appeals decision holding that Fenton must actually receive the amount stipulated to with the Manville Trust before that amount could be set off against the total judgment owed by the other tortfeasors.
, For the foregoing reasons, I respectfully dissent from Part III of the majority opinion.
. Section 13-50.5-105, 6A C.R.S. (1987), now provides:
(1) When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for their several pro rata shares of liability for the injury, death, damage, or loss unless its terms so provide; but it reduces the aggregate claim against the others to the extent of any degree or percent*1178age of fault or negligence attributable by the finder of fact, pursuant to section 13 — 21— 111(2) or (3) or section 13-21-111.5, to the tortfeasor to whom the release or covenant is given; and
(b) It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.