This form is a listing of various Causes of Action. This form lists a variety of lawsuits which may be filed against a tortfeasor.
Colorado List of Causes of Action
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FAQ
This law is found in Colorado Revised Statutes Section 13-21-111, which states that contributory negligence will not bar recovery in any action brought to recover damages for personal injury or wrongful death, as long as the plaintiff's negligence is not as great as the negligence of the defendant.
Claims of negligent misrepresentation require a defendant to believe the representation is true but without reasonable grounds for such belief. Inversely, claims of intentional misrepresentation state that a defendant made false representations with no reasonable grounds for such a belief.
The elements of a claim of negligent misrepresentation are: (1) one in the course of his or her business, profession or employment; (2) makes a misrepresentation of a material fact, without reasonable care; (3) for the guidance of others in their business transactions; (4) with knowledge that his or her representations ...
Damages for a negligent misrepresentation claim based on monetary loss include the difference between the actual value of what the plaintiff received and what the plaintiff paid for it, and pecuniary losses incurred as a result of the plaintiff's reliance on the misrepresentation.
Colorado state law uses 50% modified comparative negligence. That means that if a driver is over 50% at fault for an accident, they give up their right to receive compensation for damages. Other states throughout the country have similar regulations in place regarding traffic accidents.
Unlike a fraudulent misrepresentation, which requires that the person making the representation know it is false or incorrect and intend to deceive or mislead, a negligent misrepresentation merely requires that one fail to exercise reasonable care or competence to obtain or communicate information that is true or ...
In Colorado, the statute of limitations for premises liability cases is two years. You must file within two years from the date of the incident. If the deadline passes, you will be barred from bringing a claim of compensation for your injuries unless a very narrow exception applies.
There are certain defenses that the defendant will be able to raise. Contributory negligence is a valid defense to negligent misrepresentation. Assumption of the risk will be a viable defense as well. Typically, there is no defense to intentional misrepresentations.