Defenses against Comparative Fault Claims in Colorado - Front Range Injury Attorneys

Defenses against Comparative Fault Claims in Colorado

In personal injury law, understanding comparative fault and its implications is imperative. Comparative fault is a legal doctrine that allocates responsibility among parties involved in an accident or incident. In Colorado, this concept is of paramount importance due to its “pure comparative fault” system, which allows plaintiffs to seek damages even if they bear partial responsibility. This article aims to delve deeper into the defenses available against comparative fault claims in Colorado, providing valuable insights for individuals and businesses navigating the legal landscape.

Understanding Comparative Fault

What is Comparative Fault?

Comparative fault, also known as “shared fault” or “contributory negligence,” is a legal principle that assesses the degree of responsibility each party holds in an accident. In Colorado, this system allows for a nuanced approach, where even if a plaintiff is partially at fault, they can still pursue damages. This is in contrast to other states with different fault systems that may entirely bar recovery for plaintiffs with a certain level of responsibility.

The Dynamics of Modified Comparative Fault in Colorado

Colorado’s adherence to the “modified comparative fault” doctrine sets it apart from many other jurisdictions. Under this system, a plaintiff’s recovery of damages is directly proportionate to their level of fault. If the plaintiff’s fault is 50% or more, the plaintiff is barred from recovery. For instance, if a plaintiff is found to be 30% at fault, they can seek damages that are reduced by 30%. This nuanced approach to fault allocation emphasizes the importance of effective defense strategies in personal injury cases.

Defenses Against Comparative Fault Claims

1. Proximate Cause: Establishing Causation

One powerful defense against comparative fault claims involves demonstrating that the plaintiff’s actions were the proximate cause of the accident. This means showing that their conduct directly led to the incident in question. By establishing a clear link between the plaintiff’s behavior and the occurrence, defendants can potentially absolve themselves of significant liability. However, it’s crucial to provide robust evidence and expert testimony to substantiate this defense.

2. Assumption of Risk: Knowing and Accepting the Hazards

The “assumption of risk” defense asserts that the plaintiff willingly participated in an activity with full knowledge of the associated risks. In Colorado, this can be a potent strategy to limit a defendant’s liability. For instance, in cases of extreme sports or inherently risky activities, the plaintiff’s acknowledgment of potential dangers can be a critical factor. Nevertheless, effectively deploying this defense requires careful documentation and a thorough understanding of Colorado’s legal precedents.

Comparative Negligence: Weighing Actions and Responsibility

Comparative negligence is a pivotal aspect of defending against fault claims. This strategy involves demonstrating that the plaintiff’s negligence significantly contributed to the incident. By showcasing the extent of the plaintiff’s responsibility, defendants can seek to reduce the damages awarded. This requires a detailed examination of the circumstances surrounding the accident and a compelling presentation of evidence.

Lack of Causation: Challenging the Direct Link

Arguing a lack of causation is a potent defense. This entails contending that the defendant’s actions did not directly lead to the plaintiff’s injuries. Establishing a break in the causal chain can weaken the plaintiff’s case substantially. This defense requires a meticulous analysis of the events leading up to the incident and may involve expert testimony to support the argument.

Statutory Limitations on Comparative Fault

1. Colorado’s Modified Comparative Fault Rule

Colorado’s modified comparative fault rule is a critical consideration in defense strategies. It stipulates that if a plaintiff is found to be 50% or more at fault for an incident, they are barred from recovering damages. This legal threshold significantly impacts the outcome of cases and necessitates a focused approach to demonstrating the plaintiff’s level of responsibility.

2. Strict Liability Cases: Exceptions to Comparative Fault

In certain cases, such as product liability claims, comparative fault may not apply. This means that the defendant may be held strictly liable for the plaintiff’s injuries, regardless of fault. Understanding these exceptions is crucial in formulating an effective defense strategy, particularly in cases where strict liability principles may be applicable.


Navigating comparative fault claims in Colorado requires a comprehensive understanding of the legal nuances and potential defense strategies available. Proving or disproving fault demands meticulous analysis, compelling evidence, and often expert testimony. By leveraging the defenses outlined above and staying abreast of Colorado’s legal framework, individuals and businesses can effectively protect their interests in personal injury cases. Contact our experienced auto accident lawyers to discuss your personal injury case and how comparative negligence may affect your right to pursue compensation.


1. Can a plaintiff still recover damages if they are partially at fault in Colorado?

Yes, Colorado follows a pure comparative fault system, allowing plaintiffs to recover damages even if they are partially at fault. However, the amount of damages awarded is proportionally reduced based on their level of responsibility.

2. How does proximate cause impact a comparative fault defense?

Proximate cause establishes a direct link between the plaintiff’s actions and the incident, potentially absolving the defendant of significant liability. It is a crucial defense strategy that requires robust evidence and expert testimony.

3. Are there situations where comparative fault does not apply in Colorado?

Yes, in strict liability cases, such as product liability claims, comparative fault may not apply, and the defendant may be held strictly liable. This exception is important to consider when formulating a defense strategy.

4. What should I do if I’m facing a comparative fault claim in Colorado?

Seeking legal counsel from an experienced attorney specializing in personal injury law in Colorado is crucial. They can provide tailored advice and develop a defense strategy that aligns with the specific circumstances of your case.

5. How does Colorado’s modified comparative fault rule impact recovery of damages?

If a plaintiff is found to be 50% or more at fault for the incident, they are barred from recovering damages in Colorado. This legal threshold significantly affects the outcome of cases and necessitates a focused approach to demonstrating the plaintiff’s level of responsibility.

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