Colorado Revised Statutes Title 13 Courts and Court Procedure § 13-21-406 Comparative fault as measure of damages

(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(3) Repealed by Laws 1986, S.B.70, § 6, eff. July 1, 1986.

(4) The provisions of section 13-21-111 do not apply to any product liability action.


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