Comparative Negligence in Colorado
State-specific overview · Tort Law
Colorado uses pure comparative negligence; you recover damages even if 99% at fault.
How Colorado treats Comparative Negligence
Colorado allows plaintiffs to recover damages proportional to their degree of fault under the pure comparative negligence rule. A plaintiff who is 90% responsible for an accident can still recover 10% of damages from the defendant. This rule applies in both negligence and strict liability cases, giving injured parties broad recovery rights regardless of their own contribution to the harm.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Colorado.