Colorado Negligence Laws
When one party owes another party a duty -- such as a shopkeeper's requirement to keep the floor clean -- and deviates from that duty, they are considered negligent. If this negligence causes injury to the other party (or parties), then they may be held liable for damages.
Negligence is the legal basis for most personal injury and accident-related lawsuits, including slip-and-fall and medical malpractice injuries. While negligence claims are based on common law and are very similar among different states, state laws often have subtle differences in how fault is assigned and damages are awarded.
This article provides a general overview of Colorado's negligence laws.
What Are Colorado's Negligence Laws?
Colorado is a modified comparative negligence state. Meaning, the plaintiff's damages are reduced by the plaintiff's percentage of fault. But, if the plaintiff is found to be more negligent or equal to the combined negligence of the defendant, the plaintiff gets nothing.
For example, a motorist who was speeding when he was struck and injured by a drunk driver may have his damages reduced in proportion to his share of the fault. But if the court determines the claimant's negligence to be greater than the defendant, the plaintiff may not recover any damages.
See the chart below to learn more about Colorado's negligence laws, and FindLaw's Negligence section for additional articles and resources.
|§ 13-21-111 of the Colorado Revised Statutes|
Modified Comparative Negligence
|Contributory negligence does not bar recovery if the claimant's negligence is not greater than or equal to the defendant's. But any damages allowed are diminished in proportion to the claimant's attributed negligence (§ 13-21-111)|
Contributory Negligence-Limit to Plaintiff's Recovery
|- See above.|
Contribution Among Tortfeasors
|Yes; §§13-50.5-101 to 13.50.5-106|
|Yes. §§13-50.5-101 to 13.50.5-106|
Research the Law
- Colorado Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
- Elements of a Negligence Case
- Standards of Care and the Reasonable Person
- Contributory and Comparative Negligence
- Proof in a Negligence Case
- Find a Negligence Attorney
Get Legal Help with Your Negligence Claim in Colorado
Colorado's personal injury laws can be hard to navigate. A Colorado attorney who understands Colorado's modified comparative negligence limits will maximize your financial recovery.
If you're dealing with a personal injury matter that merits compensation, you can get the best guidance by speaking with a local personal injury attorney today.
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