§ 24-10-101. Short Title
This article shall be known and may be cited as the “Colorado Governmental Immunity Act”. Source: L. 71: p. 1204, § 1. C.R.S. 1963: § 130-11-1.
§ 24-10-102. Declaration of Policy
It is recognized by the general assembly that the doctrine of sovereign immunity, whereunder the state and its political subdivisions are often immune from suit for injury suffered by private persons, is, in some instances, an inequitable doctrine. The general assembly also recognizes that the supreme court has abrogated the doctrine of sovereign immunity effective […]
§ 24-10-103. Definitions
As used in this article 10, unless the context otherwise requires: “Controlled agricultural burn” means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or to reduce fuel buildup and decrease the likelihood of a future fire. (1.3) “Dangerous condition” means either a physical condition […]
§ 24-10-104. Waiver of Sovereign Immunity
Notwithstanding any provision of law to the contrary, the governing body of a public entity, by resolution, may waive the immunity granted in section 24-10-106 for the types of injuries described in the resolution. Any such waiver may be withdrawn by the governing body by resolution. A resolution adopted pursuant to this section shall apply […]
§ 24-10-105. Prior Waiver of Immunity – Effect – Indirect Claims Not Separate
It is the intent of this article to cover all actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant. No public entity shall be liable for such actions except as provided in this article, and […]
§ 24-10-106. Immunity and Partial Waiver
A public entity shall be immune from liability in all claims for injury which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section. Sovereign immunity is waived by a public […]
§ 24-10-106.1. Immunity and Partial Waiver – Claims Against the State – Injuries From Prescribed Fire – on or After January 1, 2012
Notwithstanding any other provision of this article, the state shall be immune from liability in all claims for injury that lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section or […]
§ 24-10-106.3. Immunity and Partial Waiver – Claims for Serious Bodily Injury or Death on Public School Property or at School-Sponsored Events Resulting From Incidents of School Violence – Short Title – Definitions
This section shall be known and may be cited as the “Claire Davis School Safety Act”. Definitions. For purposes of this section, unless the context otherwise requires: “Charter school” means a charter school or an institute charter school established pursuant to article 30.5 of title 22, C.R.S. “Crime of violence” means that the person committed, […]
§ 24-10-106.5. Duty of Care
In order to encourage the provision of services to protect the public health and safety and to allow public entities to allocate their limited fiscal resources, a public entity or public employee shall not be deemed to have assumed a duty of care where none otherwise existed by the performance of a service or an […]
§ 24-10-107. Determination of Liability
Except as otherwise provided in this article, where sovereign immunity is not a bar under section 24-10-106, liability of the public entity shall be determined in the same manner as if the public entity were a private person. Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-7. L. 86: Entire section amended, p. […]
§ 24-10-108. Sovereign Immunity a Bar
Except as provided in sections 24-10-104 to 24-10-106 and 24-10-106.3, sovereign immunity shall be a bar to any action against a public entity for injury which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant. If a […]
§ 24-10-109. Notice Required – Contents – to Whom Given – Limitations
Any person claiming to have suffered an injury by a public entity or by an employee thereof while in the course of such employment, whether or not by a willful and wanton act or omission, shall file a written notice as provided in this section within one hundred eighty-two days after the date of the […]
§ 24-10-110. Defense of Public Employees – Payment of Judgments or Settlements Against Public Employees
A public entity shall be liable for: The costs of the defense of any of its public employees, whether such defense is assumed by the public entity or handled by the legal staff of the public entity or by other counsel, in the discretion of the public entity, where the claim against the public employee […]
§ 24-10-111. Judgment Against Public Entity or Public Employee – Effect
Any judgment against a public entity shall constitute a complete bar to any action for injury by the claimant, by reason of the same subject matter, against any public employee whose act or omission gave rise to the claim. Any judgment against any public employee whose act or omission gave rise to the claim shall […]
§ 24-10-112. Compromise of Claims – Settlement of Actions
A claim against the state may be compromised or settled for and on behalf of the state by the attorney general, with the concurrence of the head of the affected department, agency, board, commission, institution, hospital, college, university, or other instrumentality thereof, except as provided in part 15 of article 30 of this title. (1) […]
§ 24-10-113. Payment of Judgments
A public entity or designated insurer shall pay any compromise, settlement, or final judgment in the manner provided in this section, and an action pursuant to the Colorado rules of civil procedure shall be an appropriate remedy to compel a public entity to perform an act required under this section. The state and the governing […]
§ 24-10-113.5. Attorney General to Notify General Assembly
If a final money judgment is obtained against the state, payment of which requires an appropriation, and the appropriate appellate remedies have been exhausted or the time limit for such remedies has expired, the attorney general, within twenty days after such occurrence, shall certify to the speaker of the house of representatives and the president […]
§ 24-10-114. Limitations on Judgments – Recommendation to General Assembly – Authorization of Additional Payment – Lower North Fork Wildfire Claims
The maximum amount that may be recovered under this article in any single occurrence, whether from one or more public entities and public employees, shall be: For any injury to one person in any single occurrence, the sum of three hundred fifty thousand dollars; For an injury to two or more persons in any single […]
§ 24-10-114.5. Limitation on Attorney Fees in Class Action Litigation
If the plaintiffs prevail in any class action litigation brought against any public entity, the amount of attorney fees which the plaintiffs’ attorney is entitled to receive out of any award to the plaintiffs shall be determined by the court; except that such amount shall not exceed two hundred fifty thousand dollars. Such limitation shall […]
§ 24-10-115. Authority for Public Entities Other Than the State to Obtain Insurance
A public entity, other than the state, either by itself or in conjunction with any one or more public entities may: Insure against all or any part of its liability for an injury for which it might be liable under this article; Insure any public employee acting within the scope of his employment against all […]