C.R.S. Section 13-21-111
Negligence cases

  • comparative negligence as measure of damages

(1)

Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, 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, damage, or death recovery is made.

(2)

In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state:

(a)

The amount of the damages which would have been recoverable if there had been no contributory negligence; and

(b)

The degree of negligence of each party, expressed as a percentage.

(3)

Upon the making of the finding of fact or the return of a special verdict, as is required by subsection (2) of this section, the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made; but, if the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant.

(3.5)

and (4) Repealed.

Source: Section 13-21-111 — Negligence cases - comparative negligence as measure of damages, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑21‑101
Interest on damages
13‑21‑102
Exemplary damages
13‑21‑102.5
Limitations on damages for noneconomic loss or injury
13‑21‑103
Damages for selling liquor to an intoxicated person
13‑21‑104
Damages for using animal left for keeping
13‑21‑105
Damages from fire set in woods or prairie - treble damages during drought conditions
13‑21‑105.5
Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages
13‑21‑106
Broadcasting defamatory statements
13‑21‑106.5
Civil damages for destruction or bodily injury caused by a bias-motivated crime
13‑21‑106.7
Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility
13‑21‑107
Damages for destruction or bodily injury caused by minors
13‑21‑107.5
Civil damages for loss caused by theft
13‑21‑108
Persons rendering emergency assistance exempt from civil liability
13‑21‑108.1
Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity
13‑21‑108.2
Persons rendering emergency assistance - competitive sports - exemption from civil liability
13‑21‑108.3
Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability
13‑21‑108.4
Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions
13‑21‑108.5
Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability
13‑21‑108.7
Persons rendering emergency assistance through the administration of an opiate antagonist - limited immunity - legislative declaration - definitions
13‑21‑108.8
Persons furnishing a non-laboratory synthetic opiate detection test - limited immunity - definition
13‑21‑109
Recovery of damages for checks, drafts, or orders not paid upon presentment
13‑21‑109.5
Recovery of damages for fraudulent use of social security numbers
13‑21‑110
Medical committee - privileged communication - limitation on liability
13‑21‑111
Negligence cases - comparative negligence as measure of damages
13‑21‑111.5
Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration
13‑21‑111.6
Civil actions - reduction of damages for payment from collateral source
13‑21‑111.7
Assumption of risk - consideration by trier of fact
13‑21‑111.8
Assumption of risk - shooting ranges
13‑21‑112
Ad damnum clauses in professional liability actions
13‑21‑113
Donation of items of food - exemption from civil and criminal liability - definitions
13‑21‑113.3
Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration
13‑21‑113.5
Use of school or nonprofit organization kitchen - exemption from civil and criminal liability
13‑21‑113.7
Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration
13‑21‑114
Immunity of mine rescue participants and their employers or organizations
13‑21‑115
Actions against landowners - short title - legislative declaration - definitions
13‑21‑115.5
Volunteer service act - immunity - exception for operation of motor vehicles - short title - legislative declaration - definitions
13‑21‑115.6
Immunity from civil liability for school crossing guards and sponsors
13‑21‑115.7
Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations
13‑21‑116
Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons
13‑21‑117
Civil liability - mental health providers - duty to warn - definitions
13‑21‑117.5
Civil liability - intellectual and developmental disability service providers - definitions - repeal
13‑21‑117.7
Civil actions against family foster care providers - limited liability
13‑21‑118
Actions based on flight in aircraft
13‑21‑119
Equine activities - llama activities - legislative declaration - exemption from civil liability
13‑21‑120
Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice
13‑21‑121
Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions
13‑21‑122
Civil liability for unlawful use of personal identifying information
13‑21‑122.5
Civil liability for trading in telephone records
13‑21‑124
Civil actions against dog owners
13‑21‑125
Civil actions for theft in the mortgage lending process
13‑21‑126
Funeral picketing - legislative declaration - definitions - damages
13‑21‑127
Civil damages for human trafficking and involuntary servitude
13‑21‑128
Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions
13‑21‑129
Snow removal service liability limitation - exceptions - short title - definitions
13‑21‑130
Civil liability for false statement to recover possession of real property
13‑21‑131
Civil action for deprivation of rights
13‑21‑132
Civil liability for misuse of gametes - definitions
13‑21‑133
Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment
13‑21‑201
Damages for death
13‑21‑202
Action notwithstanding death
13‑21‑203
Limitation on damages
13‑21‑203.5
Alternative means of establishing damages - solatium amount
13‑21‑203.7
Adjustments of dollar limitations for effects of inflation
13‑21‑204
Limitation of actions
13‑21‑301
Settlements, releases, and statements of injured persons
13‑21‑401
Definitions
13‑21‑402
Innocent seller
13‑21‑402.5
Product misuse
13‑21‑403
Presumptions
13‑21‑404
Inadmissible evidence
13‑21‑406
Comparative fault as measure of damages
13‑21‑801
Short title
13‑21‑802
Legislative declaration
13‑21‑803
Definitions
13‑21‑804
Damages - persons injured by an individual illegal drug user
13‑21‑805
Nonexclusiveness - exceptions to liability - joinder
13‑21‑806
Comparative negligence
13‑21‑807
Contribution among and recovery from multiple defendants
13‑21‑808
Effect of criminal drug conviction
13‑21‑809
Prejudgment attachment and execution on judgments
13‑21‑810
Statute of limitations
13‑21‑811
Stay of action
13‑21‑812
Nonretroactive
13‑21‑813
Severability
13‑21‑1001
Definitions
13‑21‑1002
Computer dissemination of indecent material to a child - prohibition
13‑21‑1003
Civil penalty - action for recovery - distribution of proceeds - attorney fees
13‑21‑1101
Short title
13‑21‑1102
Legislative declaration
13‑21‑1103
Definitions
13‑21‑1104
Actions against food providers that comply with applicable state and federal laws - exemptions
13‑21‑1105
Pleading requirements
13‑21‑1106
Stay of proceedings pending motion to dismiss
13‑21‑1201
Short title
13‑21‑1202
Legislative declaration
13‑21‑1203
Definitions
13‑21‑1204
Construction
13‑21‑1205
Damages - woman injured by the unlawful termination of a pregnancy
13‑21‑1206
Exceptions to liability
13‑21‑1207
Limitation of actions - three years
13‑21‑1301
Legislative declaration
13‑21‑1302
Jurisdiction over nonresident representatives
13‑21‑1303
Damages
13‑21‑1304
Liquor licensees excepted
13‑21‑1401
Short title
13‑21‑1402
Definitions
13‑21‑1403
Civil action - definitions
13‑21‑1404
Exceptions to liability - definitions
13‑21‑1405
Plaintiff’s privacy
13‑21‑1406
Remedies
13‑21‑1407
Statute of limitations
13‑21‑1408
Construction
13‑21‑1409
Uniformity of application and construction
Green check means up to date. Up to date

Current through Fall 2024

§ 13-21-111’s source at colorado​.gov