Chapter 2 - § 2.1 GENERAL RIGHT OF ACTION UNDER C.R.S. § 13-21-202

• Jurisdiction: Colorado

§ 2.1 GENERAL RIGHT OF ACTION UNDER C.R.S. § 13-21-202

C.R.S. § 13-21-202 creates a general right of action for death caused by the "wrongful act, neglect, or default of another . . . ." Recovery is allowed if the act, neglect, or default is "such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof . . . ." This provision means that any negligence or fault on the part of the decedent is imputed to the plaintiff asserting a claim for the decedent's wrongful death. Thus, if the decedent was 50 percent or more at fault for his or her own death, so that the comparative negligence statute, C.R.S. § 13-21-111, would have barred the decedent's claim had he or she lived, any claim for damages resulting from the decedent's death will be barred under C.R.S. § 13-21-202. See Willy v. Atchison, Topeka &...