Negligence in Colorado
State-specific overview · Tort Law
Colorado applies comparative negligence, allowing recovery even if you are partially at fault, reduced by your percentage of blame.
How Colorado treats Negligence
Colorado follows a modified comparative negligence rule under which a plaintiff can recover damages as long as they are less than 50% at fault. Your recovery amount is reduced by your percentage of fault. Colorado courts also recognize the "reasonable person" standard to determine whether a defendant breached their duty of care. Premises liability cases follow specific rules about landowner duties depending on whether the injured party is an invitee, licensee, or trespasser.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.