How does comparative fault work in Colorado?
1. Negligence Elements. Colorado negligence requires duty, breach, causation, and damages (Univ. of Denver v. Whitlock, 744 P.2d 54). Duty analysis weighs Taco Bell v. Lannon factors (risk, foreseeability, likelihood of injury).
2. Comparative Fault Regime. C.R.S. § 13-21-111(1): "Contributory negligence shall not bar recovery in any action... if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury... recovery is made." "Not as great as" means less than 50%; 50% bars recovery — Colorado uses the stricter 50% bar.
3. Joint and Several Liability — Pro Rata Liability Act. C.R.S. § 13-21-111.5 abolished J&S. Each defendant is severally liable only for percentage of fault. Nonparties at fault may be designated under § 13-21-111.5(3)(b) with 90-day notice; their fault reduces plaintiff's recovery without enabling collection.
4. Last Clear Chance / Sudden Emergency. Subsumed into comparative fault. Sudden emergency remains in CJI-Civ. 9:14.
5. Settling Tortfeasors. C.R.S. § 13-50.5-105 — settlement releases settling party from contribution; verdict reduced by greater of settlement amount or allocated percentage.
6. Statute of Repose vs SOL. Personal injury SOL is 2 years (C.R.S. § 13-80-102); motor vehicle is 3 years (§ 13-80-101). Med-mal SOL is 2 years with 3-year repose (§ 13-80-102.5). Construction repose is 6 years (§ 13-80-104). Product liability presumption of nondefect after 10 years (§ 13-21-403(3)).
7. Caps. C.R.S. § 13-21-102.5 caps noneconomic damages at $613,760 for 2026 (adjusted), or $1,227,520 for clear and convincing evidence justification. Med-mal total cap under Health Care Availability Act § 13-64-302 is $1,000,000 ($300K noneconomic). Punitive limited to actual damages (§ 13-21-102).
8. Wrongful Death Comparative. C.R.S. § 13-21-201 wrongful death applies comparative fault; cap of $642,180 (2026, adjusted) under § 13-21-203 for noneconomic in wrongful death.
9. Worker Injuries. C.R.S. § 8-41-102 WC exclusivity. Third-party suits apply § 13-21-111.
This is legal information, not legal advice.
- Any case where plaintiff fault approaches the strict 50% bar
- Med-mal subject to HCAA $1M total cap with separate noneconomic sublimit
- Multi-defendant case requiring § 13-21-111.5 nonparty designation strategy
- C.R.S. § 13-21-111
- C.R.S. § 13-21-111.5
- C.R.S. § 13-21-102.5
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.