Joint and Several Liability in Colorado
State-specific overview · Tort Law
Colorado abolished joint and several liability for non-economic damages unless a defendant is more than 50% at fault.
How Colorado treats Joint and Several Liability
Under Colorado's comparative negligence system, a defendant is only jointly and severally liable for economic damages (medical bills, lost wages) if they are more than 50% responsible. For non-economic damages (pain and suffering), each defendant pays only their proportionate share. This reform significantly limits plaintiffs' ability to collect full judgments from defendants with deep pockets who bear less than half the fault.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability 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.