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 very similar among different states, state laws often have subtle differences in how fault is assigned and damages are awarded.
What Are Colorado's Negligence Laws?
In Colorado, contributory negligence by the claimant (the person filing the claim) diminishes the amount of damages that can be collected. For example, a motorist who was speeding at the time 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 that of the defendant's, the plaintiff may not recover any damages.
Additionally, the state limits the amount of damages a claimant may recover in a medical malpractice case to $1 million total. Also, you may not claim more than $300,000 for non-economic damages, such as "pain and suffering" or "loss of consortium." In some cases where the court determines the $1 million to be unfair, additional damages may be awarded for projected medical care and lost earnings.
See the chart below to learn more about Colorado's negligence laws, and FindLaw's Negligence section for additional articles and resources.
|Contributory Negligence-Limit to Plaintiff's Recovery||Contributory negligence does not bar recovery if claimant's negligence is not greater than defendant's. But any damages allowed is diminished in proportion to claimant's attributed negligence (13-21-111)|
|Contribution Among Tortfeasors||Yes; §§13-50.5-101 to 13.50.5-106|
|Uniform Act||Yes. §§13-50.5-101 to 13.50.5-106|
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Colorado Negligence Laws: Related Resources
Find Legal Help from an Colorado Attorney
Colorado's personal injury laws can be hard to navigate. A Colorado attorney who understands Colorado's contributory negligence limits will maximize your financial recovery. If you are dealing with a personal injury matter that merits compensation, you can get the best guidance by contacting a Colorado injury attorney for a free claim evaluation.
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