Colorado Revised Statute 13-21-111.7 CRS – Assumption of the Risk

Colorado Revised Statute 13-21-111.7 CRS is the state’s assumption of the risk law. Assumption of the risk is a defense in personal injury cases that reduces the defendant’s liability when the plaintiff voluntarily chose to participate in a high-risk activity that led to his/her injuries.

The full text of the statute reads as follows:

CRS 13-21-111.7  Assumption of a risk by a person shall be considered by the trier of fact in apportioning negligence pursuant to section 13-21-111. For the purposes of this section, a person assumes the risk of injury or damage if he voluntarily or unreasonably exposes himself to injury or damage with knowledge or appreciation of the danger and risk involved. In any trial to a jury in which the defense of assumption of risk is an issue for determination by the jury, the court shall instruct the jury on the elements as described in this section.

Legal Analysis

Under Colorado Revised Statute 13-21-111.7 CRS, people “assume the risk” when they voluntarily or unreasonably expose themselves to injury or damage while knowing the danger and risk involved. Defendants in accident cases use the “assumption of the risk” doctrine to reduce or eliminate their liability.¹

Example: Jack sits court-side during a basketball game. At one point a player accidentally slips and falls on Jack, bruising his face. If Jack sues the player and/or the arena for negligence, they could probably successfully raise the “assumption of the risk” defense. Sitting court-side is inherently risky, and Jack voluntarily assumed the risk of players running into him.

Note that the “assumption of the risk” doctrine does not apply to situations when a party unreasonably increases the risks.²

Example: Jack sits court-side during a basketball game. At one point a player gets frustrated and throws the basketball at Jack’s head, bruising his face. If Jack sues the player, the player could not raise the “assumption of the risk” doctrine because he purposely threw the ball at a spectator – which is not an inherent risk of being at a basketball game.

Many venues require customers to sign liability waivers before they engage in risky activity, such as rock-climbing, bungee-jumping, etc. When determining whether these contracts are enforceable, courts consider:

1. the existence of a duty to the public;
2. the type of service performed;
3. whether the contract was fairly entered into; and
4. whether the intent of the parties is expressed in clear and unambiguous language.³

If the court decides that a liability waiver is enforceable, then the person who signed the waiver may be unable to recover any damages. This is because the signer agreed to “assume the risk” for the injuries sustained by the risky activity spelled out in the waiver.

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Legal References