Affirmative Defenses of Comparative Fault and Non-Party Liability Restored to Premises Liability Cases

Justice Back on Track After Being Derailed for Two Years

The Colorado Supreme Court recently entered a judgment reaffirming the use of comparative negligence as an affirmative defense in premises liability cases. Union Pacific v. Martin stemmed from an unfortunate incident in 2002 in which a Castle Rock teen’s car had stalled on the railroad tracks as a train approached. The warning gates came down on her car, and her boyfriend, in a truck behind her, attempted to push her car out of the way. He was not successful, however, and the train struck her vehicle.