Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.
(2) In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state:
(a) The amount of the damages which would have been recoverable if there had been no contributory negligence; and
(b) The degree of negligence of each party, expressed as a percentage.
(3) Upon the making of the finding of fact or the return of a special verdict, as is required by subsection (2) of this section, the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made; but, if the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant.
(3.5) Repealed by Laws 1986, S.B.70, § 6, eff. July 1, 1986.
(4) Repealed by Laws 1986, S.B.67, § 5, eff. July 1, 1986.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-21-111. Negligence cases--comparative negligence as measure of damages - last updated January 01, 2019 | https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-21-111.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.