Colorado § 13-21-406 Comparative fault as measure of damages

Colorado Statutes

§ 13-21-406 — Comparative fault as measure of damages

Colorado § 13-21-406

Title 13Courts

Art.Damages

This text of Colorado § 13-21-406 (Comparative fault as measure of damages) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 13-21-406 (2026).

Text

(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 i

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(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.

Legislative History

Source: L. 81: Entire section added, p. 885, � 1, effective July 1; (3) amended, p. 2030, � 42, effective July 14. L. 86: (3) repealed, p. 682, � 6, effective July 1.