To avoid liability, negligent parties often report accidents in a way that makes them seem negligence-free. General contractors, property owners, and other commercial entities execute contracts that transfer some of their legal liabilities to other parties before an incident occurs. Even when liability is clear, responsible parties, their insurance companies, and defense attorneys may negotiate unfairly. They try cases hoping to eliminate or reduce the damages by asserting these and other affirmative defenses:
No Negligence: The negligent party refuses to acknowledge fault.
Comparative Negligence: If a defendant proves the injured person is 50% or greater negligent, Colorado’s comparative negligence statute prevents the plaintiff from recovering damages
No Defect: When a vehicle, product, or other defect causes an injury, manufacturers defend themselves by denying a malfunction or defect exists. They also allege product misuse.
Damage dispute: When a defendant can’t defend liability, they often dispute damages to try and minimize their losses.