Negligence in Colorado
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Colorado fact pattern
Negligence in colorado.
Statute of limitations
2 years
Colo. Rev. Stat. § 13-80-102
Two years from accrual for ordinary torts. Motor-vehicle injuries are the exception.
- A crash arising out of the use of a motor vehicle is three years, not two (§ 13-80-101(1)(n)). A fall in a store is still two.
- A public entity generally needs written notice within 182 days (§ 24-10-109).