Harris V. Ark

The question in this case is whether section 13-21-111.7, 6A C.R.S. (1987), which defines assumption of risk as the voluntary or unreasonable exposure to injury or damage with knowledge or appreciation of the danger or risk and which requires the trier of fact to consider a plaintiff's assumption of risk in apportioning the degree of negligence between the plaintiff and the defendant in a tort action for damages, violates equal protection of the laws and due process of law under the United States and Colorado Constitutions. The trial court upheld the constitutionality of the statute, and we affirm the judgment.*fn1