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ARTICLE · 10 JANUARY 2022

Colorado Tort Law Update

Lewis Brisbois Bisgaard & Smith LLP
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Colorado is an at-fault, modified comparative negligence state, so a plaintiff can recover only if his or her negligence is less than 50% when compared against the negligence of all other tortfeasor.

United StatesTransport
Amy Johnson
Amy Johnson
Katherine Vaughn
Katherine Vaughn
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Denver, Colo. (January 6, 2022) -  Colorado is an at-fault, modified comparative negligence state, so a plaintiff can recover only if his or her negligence is less than 50% when compared against the negligence of all other tortfeasor. Colorado's comparative negligence act, codified at C.R.S § 13-21-111, mandates a comparison of the relative degree of negligence of the plaintiff, the defendants, and any responsible non-parties. Colorado law permits defendants to designate a nonparty to be at fault for the accident pursuant to C.R.S. § 13-21-111.5. Any negligence attributed to the nonparty driver reduces the damages awarded to the plaintiff in proportion with the negligence percentage assigned.

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