What if the property owner says the accident was my fault?
If you are injured in an accident on someone’s property, the property owner may argue that you are at least partially responsible for your injuries. Colorado’s modified comparative fault rule comes into play. This rule adjusts the damages you receive based on your percentage of fault.
Suppose your total damages are $100,000, and you are 25% at fault for the accident. Under the comparative fault rule, you can recover $75,000 of the damages. If the jury finds that your level of fault is greater than 50%, you will not receive anything. The rationale: a person should not be able to recover damages if they were mostly responsible for their own injuries.