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Liability Primer

Colorado Comparative Negligence: The 50% Bar Rule Explained

Colorado follows a "modified" comparative negligence system. Under C.R.S. § 13-21-111, your ability to recover compensation depends entirely on your percentage of fault. If you are found to be 50% or more at fault, you are legally barred from recovering any damages whatsoever.

How the 50% Bar Rule Works

In Colorado, negligence is not all-or-nothing unless you cross the 50% threshold. Juries and insurance adjusters use a mathematical formula to determine settlement value based on fault allocations:[1]

Scenario

Partial Fault (20%)

You recover 80% of your damages. (Award $100k → net $80k)

Scenario

Maximum Recovery (49%)

You recover 51% of your damages. This is the "safe" limit.

Scenario

The Bar (50%+)

Under § 13-21-111, you recover $0. Recovery is barred.

This is why insurance companies fight so hard to push your fault percentage toward 50%. Even a 1% shift from 49% to 50% can mean the difference between a six-figure settlement and zero recovery.

Nonparty fault & joint liability

Colorado abolished joint and several liability in most cases. Defendants are liable only for their proportion of negligence, and they can designate nonparties at fault to siphon off percentages.[2] Miss the 90-day designation response window and you risk losing the chance to contest a nonparty’s inclusion.

  • Nonparty designations: Defendants must file within 90 days of the answer; plaintiffs should rebut with evidence or move to strike if speculative.[2]
  • Empty chair strategy: Adjusters often inflate a nonparty’s fault even when minimal involvement exists. Counter with witness statements and contract documents.
  • Contribution actions: A settling defendant can seek contribution only if it paid more than its fault share—use this when allocating settlement between multiple carriers.[2]

Assumption of risk & specialized defenses

Colorado merges implied assumption of risk into the comparative negligence calculus.[3] The defense bears the burden of proving the plaintiff knowingly encountered the danger, and the percentage reduces the award like any other fault allocation.

  • Express waivers: Ski, recreation, or gym waivers can still be attacked for public-policy violations or ambiguity. Don’t concede assumption of risk without reviewing the contract language.
  • Seat belt defense: C.R.S. § 42-4-237 caps the reduction at 15 percent and requires evidence that non-use caused a portion of the injuries.[5]
  • Helmet arguments: Colorado has no universal helmet law; argue lack of statutory duty and highlight case-specific medical testimony to defeat defense speculation.

Evidence that moves the percentage

Liability boosters

  • Scene photos with measurements or drone capture for perspective.
  • ECU/EDR downloads showing speed, braking, or steering input.
  • Witness statements memorialized within 48 hours.
  • Prior incident or code enforcement records proving notice.

Pitfalls to avoid

  • Client social media contradicting claimed limitations.
  • Gaps in treatment without documented explanations.
  • Failure to preserve damaged products or vehicles.
  • Ignoring subpoena deadlines for surveillance or bodycam footage.

Calculator workflow & negotiation prep

The calculator makes comparative negligence visible in every scenario. Use it to model negotiation brackets and prepare for mediation.

  1. Start with zero fault to see the maximum recoverable value, then ratchet the slider in 5-percent increments until you hit your documented liability posture.
  2. Save liability notes in the full evaluation flow—summaries feed directly into demand letters and deposition outlines.
  3. Export the PDF to show adjusters how different percentages affect net value; it underscores the stakes of inflated comparative arguments.
  4. Combine with the car accident hub and guide charts to give clients visual talking points ahead of mediation.

Settlement strategy checklist

  • Document nonparty exposure: Track contractors, property managers, and product manufacturers to blunt empty-chair defenses.[2]
  • Address assumption of risk early: Include waiver analysis and risk disclosures in the initial demand to preempt defense letters.[3]
  • Highlight collateral source limits: Remind adjusters that collateral source payments cannot reduce the verdict unless statutory requirements are met.[4]
  • Build jury-friendly visuals: Create percentage pie charts and timeline exhibits to reinforce your preferred allocation—mirrors the Colorado Jury Instructions approach.[6]

References