What is the legal standard for proving negligence in a catastrophic injury case?

In Colorado, the legal standard for proving negligence in a catastrophic injury case is that of “ordinary negligence”. Ordinary negligence is the failure to exercise reasonable care under the circumstances, and is determined by asking whether the defendant acted as a reasonable person would have under the same or similar circumstances. When considering a catastrophic injury case, the standard of ordinary negligence requires that the defendant must have owed the plaintiff a duty to act responsibly, then failed to fulfill this obligation, and this failure must have proximately caused the plaintiff’s injuries. The standard for proving negligence in cases involving catastrophic injury is more stringent than the standard for less severe injuries, as the stakes are much higher. This means that a plaintiff must establish that the defendant had a duty to exercise a greater level of care than in other cases. Additionally, the plaintiff must prove that the defendant’s breach of this duty caused their injuries. This could include showing that the defendant did not take action to prevent the injury or that they created an unsafe situation that resulted in a disaster. To prove negligence in a catastrophic injury case, plaintiffs will need to provide evidence that the defendant breached their duty of care and that this breach caused the injury in question. This can include witness statements, photographs, and medical and expert testimony to support the plaintiff’s claims. As such, while the standard of proof necessary for proving negligence in a catastrophic injury case is higher, it is not impossible to demonstrate when the necessary evidence is available.

What is the legal standard for proving negligence in a catastrophic injury case?

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