Colorado Code § 13-21-406

Comparative fault as measure of damages
Open in Lexace · Ask the AI about this section
(1) In any product liability
action, the fault of the person suffering the harm, as well as the fault of all others who are parties
to the action for causing the harm, shall be compared by the trier of fact in accordance with this
section. The fault of the person suffering the harm shall not bar such person, or a party bringing
an action on behalf of such a person, or his estate, or his heirs from recovering damages, but the
award of damages to such person or the party bringing the action shall be diminished in
proportion to the amount of causal fault attributed to the person suffering the harm. If any party
is claiming damages for a decedent's wrongful death, the fault of the decedent, if any, shall be
imputed to such party.
(2) Where comparative fault in any such action is an issue, the jury shall return special
verdicts, or, in the absence of a jury, the court shall make special findings determining the
percentage of fault attributable to each of the persons to whom some fault is attributed and
determining the total amount of damages sustained by each of the claimants. The entry of
judgment shall be made by the court, and no general verdict shall be returned by the jury.
(3) Repealed.
(4) The provisions of section 13-21-111 do not apply to any product liability action.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.