In any professional liability action for damages, the ad damnum clause or prayer for damages in any pleading shall not recite any sum as alleged damages other than an allegation that damages are in excess of any minimum dollar amount necessary to establish the jurisdiction of the court.
Source: L. 77: Entire section added, p. 803, � 1, effective May 26.
13-21-113. Donation of items of food - exemption from civil and criminal liability - definitions. (1) (a) (I) Except as described in subsection (1)(a)(II) of this section, the following persons are not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the nature, age, condition, or packaging of donated foods, regardless of whether the donated food is alleged to have caused illness or death:
(A) A farmer, a retail food establishment, a correctional facility, a school district, a hospital, a faith-based organization, or a processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization or a faith-based organization or an individual for use or distribution in providing assistance to individuals; and
(B) A nonprofit organization in receipt of donated food that transfers the food to another nonprofit organization for use or distribution in providing assistance to individuals.
(II) The immunity from liability described in subsection (1)(a)(I) of this section does not apply to willful, wanton, or reckless acts of donors that result in injury or death to recipients of donated foods.
(b) As used in this section, unless the context otherwise requires:
(I) Correctional facility has the meaning set forth in section 17-1-102 (1.7).
(II) Hospital means a hospital licensed pursuant to section 25-3-101.
(II.5) Local education provider means:
(A) A school district organized pursuant to article 30 of title 22;
(B) A board of cooperative services created pursuant to article 5 of title 22;
(C) A charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22;
(D) An institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22;
(E) An approved facility school as defined in section 22-2-402 (1); or
(F) The Colorado school for the deaf and the blind described in section 22-80-102.
(III) Nonprofit organization means any organization that is exempt from the income tax imposed under article 22 of title 39; except that nonprofit organization does not include organizations that sell or offer to sell donated items of food.
(IV) Retail food establishment has the meaning set forth in section 25-4-1602 (14).
(V) School district has the meaning set forth in section 22-30-103 (13).
(VI) Share table has the meaning set forth in section 22-32-152.
(2) Nothing in this section relieves a nonprofit organization that serves or provides food to individuals for consumption from any liability for any injury or death, including injury or death resulting from ingesting donated foods, as a result of receiving, accepting, gathering, or removing any foods donated under this section; except that a nonprofit organization is not liable for any injury or death caused by donated food produced pursuant to the Colorado Cottage Foods Act, section 25-4-1614, unless the nonprofit organization acted unreasonably.
(3) Any nonprofit organization that receives any donated items of food pursuant to this section shall not sell or offer to sell any such donated items of food. This prohibition shall not affect the transfer of such donated items of gleaned or donated food between nonprofit organizations, without contemplation of remuneration, for ultimate disposition in accordance with the provisions of this section.
(3.5) A farmer that allows one or more individuals to make entry on the farmer's property for the purpose of gleaning produce for donation to a nonprofit organization for use or distribution in providing assistance to individuals, as described in subsection (1)(a) of this section, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from an injury or death to such individuals unless the injury or death results from a willful or wanton act or omission of the farmer.
(4) Nothing in this section is intended to restrict the authority of any appropriate agency to regulate or ban the use of such donated foods for human consumption.
(5) A designated school employee or local education provider that supervises the redistribution of food and beverage items returned to a share table pursuant to section 22-32-152 is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the nature, age, condition, or packaging of the redistributed food or beverage items; except that this exemption does not apply to willful, wanton, or reckless acts of school personnel or local education providers, including disregard for applicable sanitation and health requirements or protocols to prevent exposure to allergens, that result in injury to recipients of redistributed items.
Source: L. 80: Entire section added, p. 513, � 1, effective April 6. L. 82: (1) and (3) amended, p. 291, � 1, effective April 2. L. 89: (1) amended, p. 758, � 1, effective April 10. L. 2000: (1) amended, p. 1844, � 23, effective August 2. L. 2012: (2) amended, (SB 12-048), ch. 16, p. 41, � 2, effective March 15. L. 2020: (1) amended and (3.5) added, (SB 20-090), ch. 127, p. 549, � 3, effective September 14. L. 2025: (1)(a), (2), and (3.5) amended, (HB 25-1166), ch. 90, p. 373, � 4, effective August 6; (1)(b)(II.5), (1)(b)(VI), and (5) added, (HB 25-1059), ch. 77, p. 328, � 3, effective August 6.
Cross references: For the legislative declaration in the 2012 act amending subsection (2), see section 1 of chapter 16, Session Laws of Colorado 2012.
13-21-113.3. Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration. (1) A fire department or other person or entity that donates surplus firefighting equipment to a fire department shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the nature, age, condition, or packaging of such equipment; except that this exemption shall not apply to the grossly negligent, willful, wanton, or reckless acts of donors that result in injury to recipients of such equipment.
(2) As used in this section:
(a) Fire department has the meaning set forth in section 24-33.5-1202, C.R.S., and includes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, not-for-profit nongovernmental entities that are organized to provide firefighting services and recognized under section 24-33.5-1208.5, C.R.S.
(b) Firefighting equipment means any and all equipment designed for or typically used in the prevention and suppression of fire, the protection of firefighters, or the rescue and extrication of victims of fire or other emergencies, including without limitation hoses, fire trucks, rescue vehicles, extrication equipment, protective clothing, and breathing apparatus.
(3) A fire department that receives donated firefighting equipment pursuant to this section shall not sell or offer to sell any such donated equipment. This prohibition shall not affect the transfer of such donated equipment, without contemplation of remuneration, between fire departments for future use.
(4) Nothing in this section limits the authority of any appropriate agency to regulate, prohibit, or place conditions on the use of specific firefighting equipment.
(5) The general assembly intends that the provisions of this section and of the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., be read together and harmonized. If any provision of this section is construed to conflict with a provision of the Colorado Governmental Immunity Act, the provision that grants the greatest immunity shall prevail.
Source: L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, � 2, effective June 3. L. 2015: (2)(a) amended, (HB 15-1017), ch. 3, p. 7, � 4, effective March 11.
Cross references: In 2009, this section was added by the Marc Mullinex Volunteer Firefighter Protection Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 413, Session Laws of Colorado 2009.
13-21-113.5. Use of school or nonprofit organization kitchen - exemption from civil and criminal liability. A school or nonprofit organization that provides one or more community kitchens used by producers to bake or process goods for sale pursuant to the Colorado Cottage Foods Act, section 25-4-1614, C.R.S., is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the use of its kitchens by producers preparing goods for direct sale to consumers, unless the school or nonprofit organization acted unreasonably. A school or nonprofit organization may require anyone using its kitchens for this purpose to show proof of liability insurance before using the kitchen. This section does not apply to an injury or death of the ultimate user of the product that results from an act or omission of the school or nonprofit organization constituting gross negligence or intentional misconduct.
Source: L. 2012: Entire section added, (SB 12-048), ch. 16, p. 41, � 3, effective March 15.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 16, Session Laws of Colorado 2012.
13-21-113.7. Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration. (1) A volunteer firefighter or volunteer who, in good faith, takes part in firefighting efforts or provides emergency care, rescue, assistance, or recovery services at the scene of an emergency; any incident management team; and any person who, in good faith, commands, directs, employs, sponsors, or represents any such volunteer firefighter, volunteer, or incident management team shall not be liable for civil damages as a result of an act or omission by such volunteer firefighter, volunteer, incident management team, or other person in connection with the emergency or with activities described in section 33-1-102 (1.3); except that this exemption shall not apply to grossly negligent, willful, wanton, or reckless acts or omissions.
(2) As used in this section:
(a) Emergency means any incident to which a response by a fire department or incident management team is appropriate or requested, including, without limitation:
(I) A fire, fire alarm response, motor vehicle accident, rescue call, or hazardous materials incident;
(II) A natural or man-made disaster such as an earthquake, flood, or severe weather event;
(III) A terrorist attack; or
(IV) An outbreak of a harmful biological agent or infectious disease.
(b) Fire department has the meaning set forth in section 24-33.5-1202, C.R.S., and includes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, not-for-profit nongovernmental entities that are organized to provide firefighting services and recognized under section 24-33.5-1208.5, C.R.S.
(c) Incident management team means an ad hoc or standing team of trained personnel from different departments, organizations, agencies, and jurisdictions, including persons engaged in backcountry search and rescue efforts as defined in section 33-1-102 (1.3), activated to manage the logistical, fiscal, planning, operational, safety, and community issues related to an emergency or other incident.
(c.5) Volunteer has the meaning as set forth in section 13-21-115.5.
(d) Volunteer firefighter has the meaning set forth in section 31-30-1102, C.R.S., and includes volunteer firefighters of not-for-profit nongovernmental entities that are organized to provide firefighting services.
(3) The general assembly intends that the provisions of this section and of the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., be read together and harmonized. If any provision of this section is construed to conflict with a provision of the Colorado Governmental Immunity Act, the provision that grants the greatest immunity shall prevail.
(4) Nothing in this section alters the protections set forth in section 12-315-117, 13-21-108, 13-21-115.5, or 24-33.5-1505.
Source: L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, � 2, effective June 3. L. 2014: (1) amended and (2)(c.5) and (4) added, (SB 14-138), ch. 55, p. 252, � 1, effective March 21. L. 2015: (2)(b) amended, (HB 15-1017), ch. 3, p. 8, � 5, effective March 11. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1664, � 70, effective October 1. L. 2022: (1) and (2)(c) amended, (SB 22-168), ch. 296, p. 2119, � 3, effective June 1.
Editor's note: Subsection (2)(c.5) was numbered as (2)(e) in Senate Bill 14-138 but has been renumbered on revision for ease of location.
Cross references: In 2009, this section was added by the Marc Mullinex Volunteer Firefighter Protection Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 413, Session Laws of Colorado 2009.
13-21-114. Immunity of mine rescue participants and their employers or organizations. No person engaged in mine rescue or recovery work who, in good faith, renders emergency care, rescue, assistance, or recovery services at the scene of any emergency at or in a mine in this state or who employs, sponsors, or represents any person rendering emergency care, rescue, assistance, or recovery services shall be liable for any civil damages as a result of any act or omission by any person in rendering emergency care, rescue, assistance, or recovery service.
Source: L. 82: Entire section added, p. 293, � 1, effective April 23.
13-21-115. Actions against landowners - short title - legislative declaration - definitions. (1) The short title of this section is the Colorado Premises Liability Act.
(2) The general assembly finds and declares that:
(a) The provisions of this section were enacted in 1986 to promote a state policy of responsibility by both landowners and those upon the land as well as to ensure that the ability of an injured party to recover is correlated with the injured party's status as a trespasser, licensee, or invitee;
(b) These objectives were characterized by the Colorado supreme court as legitimate governmental interests in Gallegos v. Phipps, 779 P.2d 856 (Colo. 1989);
(c) The purpose of amending this section in the 1990 legislative session was to:
(I) Ensure that the language of this section effectuates these legitimate governmental interests by imposing on landowners a higher standard of care with respect to an invitee than a licensee and a higher standard of care with respect to a licensee than a trespasser; and
(II) Create a legal climate that will promote private property rights and commercial enterprise and foster the availability and affordability of insurance;
(d) The general assembly recognizes that by amending this section it is not reinstating the common law status categories as they existed immediately prior to Mile Hi Fence v. Radovich, 175 Colo. 537, 489 P.2d 308 (1971) but that its purpose is to protect landowners from liability in some circumstances when they were not protected at common law and to define the instances when liability will be imposed in the manner most consistent with the policies set forth in subsections (2)(a) and (2)(c) of this section; and
(e) (I) The Rocky Mountain Planned Parenthood, Inc. v. Wagner, 2020 CO 51, 467 P.3d 287, and Wagner v. Planned Parenthood Federation of America, Inc., 2019 COA 26, 471 P.3d 1089, decisions do not accurately reflect the intent of the general assembly regarding landowner liability and must not be relied upon in applying this section to the extent that the majority opinions determined:
(A) The foreseeability of third-party criminal conduct based upon whether the goods or services offered by a landowner are controversial; and
(B) That a landowner could be held liable as a substantial factor in causing harm without considering whether a third-party criminal act was the predominant cause of that harm, as noted by the dissenting justices and judge.
(II) In making this declaration, the general assembly does not intend to reject or otherwise disturb any judicial decision other than the Wagner decisions.
(3) In any civil action brought against a landowner by a person who alleges injury occurring while on the real property of another and by reason of the condition of such property, or activities conducted or circumstances existing on such property, the landowner is liable only as provided in subsection (4) of this section. Sections 13-21-111, 13-21-111.5, and 13-21-111.7 apply to an action to which this section applies. This subsection (3) must not be construed to abrogate the doctrine of attractive nuisance as applied to persons under fourteen years of age. A person who is at least fourteen years of age but is less than eighteen years of age is presumed competent for purposes of the application of this section.
(4) (a) A trespasser may only recover damages willfully or deliberately caused by the landowner.
(b) A licensee may only recover damages caused:
(I) By the landowner's unreasonable failure to exercise reasonable care with respect to dangers created by the landowner that the landowner actually knew about; or
(II) By the landowner's unreasonable failure to warn of dangers not created by the landowner that are not ordinarily present on property of the type involved and that the landowner actually knew about.
(c) (I) Except as otherwise provided in subsection (4)(c)(II) of this section, an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about or should have known about.
(II) If the landowner's real property is classified for property tax purposes as agricultural land or vacant land, an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about.
(5) It is the intent of the general assembly in enacting the provisions of subsection (4) of this section that the circumstances under which a licensee may recover include all of the circumstances under which a trespasser could recover and that the circumstances under which an invitee may recover include all of the circumstances under which a trespasser or a licensee could recover.
(6) In any action to which this section applies, the court shall determine whether the plaintiff is a trespasser, a licensee, or an invitee, in accordance with the definitions set forth in subsection (7) of this section. If two or more landowners are party defendants to the action, the court shall determine the application of this section to each landowner. The issues of liability and damages in any such action must be determined by the jury or, if there is no jury, by the court.
(7) As used in this section, unless the context otherwise requires:
(a) Invitee means a person who enters or remains on the land of another to transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner's express or implied representation that the public is requested, expected, or intended to enter or remain.
(b) Landowner means, without limitation, an authorized agent or a person in possession of real property and a person legally responsible for the condition of real property or for the activities conducted or circumstances existing on real property.
(c) Licensee means a person who enters or remains on the land of another for the licensee's own convenience or to advance the licensee's own interests, pursuant to the landowner's permission or consent. Licensee includes a social guest.
(d) Trespasser means a person who enters or remains on the land of another without the landowner's consent.
(8) If any provision of this section is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the section are deemed valid.
Source: L. 86: Entire section added, p. 683, � 1, effective May 16. L. 90: (1.5), (3.5), (5), and (6) added and (3) and (4) amended, p. 867, � 1, effective April 20. L. 2006: (2) amended, p. 344, � 1, effective April 5. L. 2022: Entire section amended, (SB 22-115), ch. 75, p. 381, � 2, effective April 7.
Editor's note: Subsections (5)(a) and (5)(c), as they were enacted in House Bill 90-1107, were relettered on revision in 2002 as (5)(c) and (5)(a), respectively.
Cross references: For the legislative declaration in SB 22-115, see section 1 of chapter 75, Session Laws of Colorado 2022.
13-21-115.5. Volunteer service act - immunity - exception for operation of motor vehicles - exception for helicopter search and rescue - short title - legislative declaration - definitions. (1) This section shall be known and may be cited as the Volunteer Service Act.
(2) The general assembly finds and declares that:
(a) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers;
(b) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve as volunteers of nonprofit public and private organizations;
(c) It is in the public interest to strike a balance between the right of a person to seek redress for injury and the right of an individual to freely give time and energy without compensation as a volunteer in service to the community without fear of personal liability for acts undertaken in good faith absent willful and wanton conduct on the part of the volunteer; and
(d) The provisions of this section are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.
(3) As used in this section, unless the context otherwise requires:
(a) Nonprofit corporation means any corporation which is exempt from taxation pursuant to section 501(a) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(a), as amended, or which is listed as an exempt organization in section 501(c) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(c), as amended. The term includes a not-for-profit corporation.
(b) Nonprofit organization means any organization which is exempt from taxation pursuant to section 501(a) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(a), as amended, or which is listed as an exempt organization in section 501(c) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(c), as amended, and any homeowners association, as defined in and which is exempt from taxation pursuant to section 528 of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 528.
(c) (I) Volunteer means a person performing services for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital without compensation, other than reimbursement for actual expenses incurred. The term excludes a volunteer serving as a director, officer, or trustee who shall be protected from civil liability in accordance with the provisions of sections 13-21-116 and 13-21-115.7.
(II) Volunteer includes:
(A) A licensed physician, a licensed physician assistant, and a licensed anesthesiologist assistant governed by article 240 of title 12 performing the practice of medicine, as defined in section 12-240-107, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(B) A licensed chiropractor governed by article 215 of title 12 performing chiropractic, as defined in section 12-215-103 (4), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(C) A registered direct-entry midwife governed by article 225 of title 12 performing the practice of direct-entry midwifery, as defined in section 12-225-103 (3), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(D) A licensed nurse governed by the Nurse and Nurse Aide Practice Act, article 255 of title 12, performing the practice of practical nursing or the practice of professional nursing, as defined in section 12-255-104 (9) and (10), respectively, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(E) An advanced practice registered nurse governed by the Nurse and Nurse Aide Practice Act, article 255 of title 12, performing nursing tasks within the scope of the person's nursing license and performing advanced practice under authority granted by the state board of nursing pursuant to sections 12-255-111 and 12-255-112 as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(E.5) A certified midwife governed by the Nurse and Nurse Aide Practice Act, article 255 of title 12, performing certified midwife tasks within the scope of the person's certified midwife license and performing practice as a certified midwife under authority granted by the state board of nursing pursuant to sections 12-255-111.5 and 12-255-112 as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(F) A licensed volunteer nurse governed by the provisions of part 1 of article 255 of title 12 performing volunteer nursing tasks within the scope of the person's nursing license, as described in section 12-255-115, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(G) A certified nurse aide governed by the provisions of article 255 of title 12 performing the practice of a nurse aide, as defined in section 12-255-104 (8.5), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(H) A licensed nursing home administrator and registered nursing home administrator-in-training governed by the provisions of article 265 of title 12 performing the practice of nursing home administration, as defined in section 12-265-103 (5), and the training of an administrator-in-training, as described in section 12-265-109, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(I) A licensed optometrist governed by the provisions of article 275 of title 12 performing the practice of optometry, as defined in section 12-275-103, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(J) A licensed physical therapist governed by the Physical Therapy Practice Act, article 285 of title 12, performing physical therapy, as defined in section 12-285-104 (6), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(K) A licensed respiratory therapist governed by the Respiratory Therapy Practice Act, article 300 of title 12, performing respiratory therapy, as defined in section 12-300-104 (3), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(L) A licensed psychiatric technician governed by the provisions of article 295 of title 12 performing the practice as a psychiatric technician, as defined in section 12-295-103 (4), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(M) A licensed psychologist governed by the provisions of article 245 of title 12 performing the practice of psychology, as defined in section 12-245-303, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(N) A licensed social worker and licensed clinical social worker governed by the provisions of article 245 of title 12 performing social work practice, as defined in section 12-245-403, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(O) A licensed marriage and family therapist governed by the provisions of article 245 of title 12 performing marriage and family therapy practice, as defined in section 12-245-503, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(P) A licensed professional counselor governed by article 245 of title 12 practicing professional counseling as defined in section 12-245-603 as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(Q) A licensed pharmacist governed by article 280 of title 12 performing the practice of pharmacy, as defined in section 12-280-103 (39), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(R) A licensed dentist, dental therapist, or dental hygienist governed by article 220 of title 12 performing the practice of dentistry, dental therapy, or dental hygiene, as defined in section 12-220-104 and as described in sections 12-220-305, 12-220-402, 12-220-403, and 12-220-508; as a volunteer for a nonprofit organization, nonprofit corporation, governmental entity, or hospital; or a dentist, dental therapist, or dental hygienist who holds a license in good standing from another state performing the practice of dentistry, dental therapy, or dental hygiene, as defined in section 12-220-104 and as described in sections 12-220-305, 12-220-402, 12-220-403, and 12-220-508, as a volunteer for a nonprofit organization, nonprofit corporation, governmental entity, or hospital pursuant to section 12-220-302 (1)(j);
(S) A licensed or certified addiction counselor governed by article 245 of title 12 performing addiction counseling, as defined in section 12-245-803, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(T) A volunteer member of a rescue unit as defined in section 25-3.5-103 (11); and
(U) A person engaged in backcountry search and rescue efforts as defined in section 33-1-102 (1.3).
(III) The nonprofit organization, nonprofit corporation, governmental entity, or hospital for which a volunteer performs shall annually verify that the volunteer holds an unrestricted Colorado license, registration, or certification to practice the volunteer's respective profession, if a license, registration, or certification is required for the volunteer's profession.
(4) (a) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:
(I) The volunteer is immune from liability for the act or omission under the federal Volunteer Protection Act of 1997, as from time to time may be amended, codified at 42 U.S.C. sec. 14501 et seq.; and
(II) The damage or injury was not caused by misconduct or other circumstances that would preclude immunity for such volunteer under the federal law described in subparagraph (I) of this paragraph (a).
(III) (Deleted by amendment, L. 2006, p. 531, � 1, effective July 1, 2006.)
(b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b), nothing in this section shall be construed to bar any cause of action against a nonprofit organization, nonprofit corporation, governmental entity, or hospital or change the liability otherwise provided by law of a nonprofit organization, nonprofit corporation, governmental entity, or hospital arising out of an act or omission of a volunteer exempt from liability for negligence under this section.
(II) A nonprofit organization, nonprofit corporation, governmental entity, or hospital that is formed for the sole purpose of facilitating the volunteer provision of health care shall be immune from liability arising out of an act or omission of a volunteer who is immune from liability under this subsection (4).
(4.5) (a) As used in this subsection (4.5), unless the context otherwise requires:
(I) Backcountry search and rescue has the meaning set forth in section 33-1-102 (1.3).
(II) (A) Governmental entity means the state, any state agency or institution, or any authority, county, city, city and county, special district, or other political subdivision of the state or any tribal government with jurisdiction in Colorado.
(B) Governmental entity includes any institution, department, agency, or authority of any entity listed in subsection (4.5)(a)(II)(A) of this section.
(III) Rescue unit has the meaning set forth in section 25-3.5-103 (11).
(IV) Search and rescue operation means the operation of a rescue unit or a backcountry search and rescue.
(V) Notwithstanding the definition of volunteer in subsection (3)(c) of this section, volunteer means an individual, nonprofit organization, for-profit corporation, private organization, or other person that participates as a volunteer in a search and rescue operation by arranging or operating a helicopter for use in a search and rescue operation, or by assisting as a helicopter crew member in a search and rescue operation, without compensation from a governmental entity, other than reimbursement for actual expenses incurred.
(b) A volunteer is immune from civil liability in any action on the basis of any act or omission of the volunteer resulting in damage or injury if:
(I) The volunteer arranges the use of, operates, or assists as a crew member of a helicopter:
(A) For the benefit of a rescue unit or backcountry search and rescue;
(B) On behalf of a governmental entity that is leading the rescue unit or conducting the backcountry search and rescue;
(C) That meets the safety and training requirements described in subsection (4.5)(c)(II) of this section;
(D) Under a memorandum of understanding or other agreement with the governmental entity; and
(E) That is operated in compliance with the federal aviation administration's 2018 advisory circular AC 00-1.1B, appendix A, Public Aircraft Operations - Manned and Unmanned, as may be updated by the federal aviation administration;
(II) The volunteer is:
(A) A pilot who satisfies, or employs or contracts with one or more pilots who satisfy, the requirements specified in subsection (4.5)(c)(I) of this section;
(B) In compliance with all requirements of the federal aviation administration for recent flight experience; and
(C) Not compensated by the governmental entity for assisting in a search and rescue operation, other than reimbursement for actual expenses incurred; and
(III) The damage or injury was not caused by willful or criminal misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of any individuals harmed by the volunteer.
(c) (I) A volunteer that operates a helicopter as part of search and rescue operations in accordance with this subsection (4.5) must:
(A) Have experience in mountainous landings, high altitude operations, confined area landings, and snow operations;
(B) Possess a commercial pilot license and instrument rating;
(C) Have a minimum of one thousand five hundred hours of total flight time, including at least five hundred hours of mountainous helicopter time and at least one hundred hours of flight time in the type of helicopter used in the search and rescue operation; and
(D) Be certified, within the previous twelve months, by the helicopter manufacturer's instructor, a company check pilot, or a federal aviation association-certified and -rated flight instructor to operate the helicopter used in the search and rescue operation.
(II) The owner or operator of a helicopter used in search and rescue operations must ensure that the helicopter meets the following safety and training requirements:
(A) The helicopter is capable of operation at the altitude, in the terrain, and in the weather conditions necessary for the rescue or the search and rescue operation;
(B) The helicopter has been used as part of a training program with the rescue unit or backcountry search and rescue team within the twelve months immediately preceding use of the helicopter in a search and rescue operation;
(C) The helicopter is operated under a safety management system that has been approved by an independent third party; and
(D) The helicopter is maintained in accordance with regulations promulgated by the federal aviation administration for the maintenance and alteration of aircraft pursuant to 14 CFR 91.401 to 91.499, as amended.
(5) Notwithstanding the provisions of subsection (4) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity; except that the amount recovered from such volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances. However, nothing in this section shall be construed to limit the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident.
Source: L. 92: Entire section added, p. 278, � 1, effective July 1. L. 99: (3)(c) and (4)(a) amended, p. 399, � 1, effective April 22. L. 2006: (3)(c), (4)(a), and (4)(b) amended, p. 531, � 1, effective July 1. L. 2007: (4)(a)(I) amended, p. 2025, � 26, effective June 1; (3)(c)(II)(R) amended, p. 691, � 2, effective August 3. L. 2008: (3)(c)(II)(S) added, p. 426, � 26, effective August 5. L. 2009: (3)(c)(II)(B) amended, (SB 09-167), ch. 366, p. 1924, � 11, effective June 1. L. 2011: (3)(c)(II)(C) amended, (SB 11-088), ch. 283, p. 1269, � 14, effective July 1; (3)(c)(II)(P) and (3)(c)(II)(S) amended, (SB 11-187), ch. 285, p. 1326, � 67, effective July 1. L. 2012: (3)(c)(II)(Q) amended, (HB 12-1311), ch. 281, p. 1617, � 34, effective July 1; (3)(c)(II)(A) amended, (HB 12-1332), ch. 238, p. 1059, � 14, effective August 8. L. 2019: (3)(c)(II) amended, (HB 19-1172), ch. 136, p. 1664, � 71, effective October 1. L. 2020: (3)(c)(II)(D), (3)(c)(II)(E), (3)(c)(II)(F), and (3)(c)(II)(G) amended, (HB 20-1183), ch. 157, p. 699, � 50, effective July 1; (3)(c)(II)(F) amended, (HB 20-1216), ch. 190, p. 878, � 20, effective July 1; (3)(c)(II)(R) amended, (HB 20-1056), ch. 64, p. 262, � 5, effective September 14. L. 2022: (3)(c)(II)(R) and (3)(c)(III) amended and (3)(c)(II)(T) and (3)(c)(II)(U) added, (SB 22-168), ch. 296, p. 2119, � 4, effective June 1; (3)(c)(II)(R) amended, (SB 22-219), ch.381, p. 2724, � 33, effective January 1, 2023. L. 2023: (3)(c)(II)(E.5) added, (SB 23-167), ch. 261, p. 1547, � 54, effective May 25. L. 2024: (4.5) added, (HB 24-1309), ch. 156, p. 695, � 2, effective May 3.
Editor's note: (1) Amendments to subsection (3)(c)(II)(F) by HB 20-1183 and HB 20-1216 were harmonized.
(2) Amendments to subsection (3)(c)(II)(R) by SB 22-168 and SB 22-219 were harmonized, effective January 1, 2023.
Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1309, see section 1 of chapter 156, Session Laws of Colorado 2024.
13-21-115.6. Immunity from civil liability for school crossing guards and sponsors. (1) As used in this section:
(a) School crossing guard means any person eighteen years of age and older acting with or without compensation who supervises, directs, monitors, or otherwise assists school children at a street or intersection.
(b) School crossing guard sponsor means any governmental agency or subdivision, including but not limited to any county, city, city and county, town, or school district, and any individual, volunteer group, club, or nonprofit corporation that sponsors, organizes, or provides for school crossing guards.
(2) Any school crossing guard and any school crossing guard sponsor shall be immune from civil liability for any act or omission that results in damage or injury if the school crossing guard was acting within the scope of such person's official functions and duties as a school crossing guard unless the damage or injury was caused by a willful and wanton act or omission of the school crossing guard.
(3) Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S.
Source: L. 96: Entire section added, p. 1593, � 1, effective June 3.
13-21-115.7. Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations. (1) As used in this section, unless the context otherwise requires:
(a) Nonprofit corporation means any corporation which is exempt from taxation pursuant to section 501(a) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c)(2), (3), (4), (5), (6), (7), (8), (11), or (19) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(c), as amended. The term includes a not-for-profit corporation. The term includes a public hospital certified pursuant to section 25-1.5-103 (1)(a), C.R.S.
(b) Nonprofit organization means any organization which is exempt from taxation pursuant to section 501(a) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c)(2), (3), (4), (5), (6), (7), (8), (11), or (19) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(c), as amended.
(2) In addition to the provisions of section 13-21-116 (2)(b), on and after April 23, 1992, any person who serves as a director, officer, or trustee of a nonprofit corporation or nonprofit organization and who is not compensated for serving as a director, officer, or trustee on a salary or prorated equivalent basis shall be immune from civil liability for any act or omission which results in damage or injury if such person was acting within the scope of such person's official functions and duties as a director, officer, or trustee unless such damage or injury was caused by the willful and wanton act or omission of such director, officer, or trustee.
(3) Nothing in this section shall be construed to establish, diminish, or abrogate any duties that a director, officer, or trustee of a nonprofit corporation or nonprofit organization has to the nonprofit corporation or nonprofit organization for which the director, officer, or trustee serves.
(4) For purposes of this section, a director, officer, or trustee shall not be considered compensated solely by reason of:
(a) The payment of such person's actual expenses incurred in attending meetings or in executing such office;
(b) The receipt of meals at meetings; or
(c) The receipt of gifts up to but not exceeding a total value of one thousand dollars in any twelve consecutive months.
(5) The individual immunity granted by subsection (2) of this section shall not extend to any act or omission of such director, officer, or trustee which results in damage or injury caused by such director, officer, or trustee during the operation of any motor vehicle, airplane, or boat.
Source: L. 92: Entire section added, p. 296, � 2, effective April 23. L. 2003: (1)(a) amended, p. 703, � 21, effective July 1.
13-21-116. Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons. (1) It is the intent of the general assembly to encourage the provision of services or assistance by persons on a voluntary basis to enhance the public safety rather than to allow judicial decisions to establish precedents which discourage such services or assistance to the detriment of public safety.
(2) (a) To encourage the provision of services or assistance by persons on a voluntary basis, a person shall not be deemed to have assumed a duty of care where none otherwise existed when he performs a service or an act of assistance, without compensation or expectation of compensation, for the benefit of another person, or adopts or enforces a policy or a regulation to protect another person's health or safety. Such person providing such services or assistance or adopting or enforcing such a policy or regulation shall not be liable for any civil damages for acts or omissions in good faith. Such performance of a service or an act of assistance for the benefit of another person or adoption or enforcement of a policy or regulation for the protection of another person's health or safety shall not create any duty of care with respect to a third person, nor shall it create a duty for any person to perform such a service or an act of assistance nor to adopt or enforce such a policy or regulation.
(b) (I) No member of the board of directors of a nonprofit corporation or nonprofit organization shall be held liable for actions taken or omissions made in the performance of his or her duties as a board member except for wanton and willful acts or omissions. For purposes of this paragraph (b), the board of directors of a nonprofit corporation or nonprofit organization shall include, but not be limited to, the board of directors of a public hospital certified pursuant to section 25-1.5-103 (1)(a), C.R.S.
(II) For purposes of this paragraph (b), unless the context otherwise requires:
(A) Nonprofit corporation means any corporation which is exempt from taxation pursuant to section 501(a) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(c), as amended. The term includes a not-for-profit corporation.
(B) Nonprofit organization means any organization which is exempt from taxation pursuant to section 501(a) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501(c), as amended.
(2.5) (a) No person who performs a service or an act of assistance, without compensation or expectation of compensation, as a leader, assistant, teacher, coach, or trainer for any program, organization, association, service group, educational, social, or recreational group, or nonprofit corporation serving young persons or providing sporting programs or activities for young persons shall be held liable for actions taken or omissions made in the performance of his duties except for wanton and willful acts or omissions; except that such immunity from liability shall not extend to protect such person from liability for acts or omissions which harm third persons.
(b) For the purposes of this subsection (2.5), young persons means persons who are eighteen years of age or younger.
(3) Nothing in this section shall be construed to supersede, abrogate, or limit any immunities or limitations of liability otherwise provided by law.
(4) As used in this section, person means an individual, corporation, partnership, or association.
Source: L. 86: Entire section added, p. 685, � 1, effective July 1. L. 87: (2.5) added, p. 553, � 1, effective April 30; (2)(b) amended, p. 372, � 17, effective May 20. L. 92: (2) amended, p. 295, � 1, effective April 23. L. 2003: (2)(b)(I) amended, p. 704, � 22, effective July 1.
13-21-117. Civil liability - mental health providers - duty to warn - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Mental health provider means a physician, social worker, psychiatric nurse, psychologist, or other mental health professional, or a mental health hospital, behavioral health entity, institution, or their staff.
(b) Psychiatric nurse means a registered professional nurse as defined in section 12-255-104 (11) who, by virtue of postgraduate education and additional nursing preparation, has gained knowledge, judgment, and skill in psychiatric or mental health nursing.
(2) (a) A mental health provider is not liable for damages in any civil action for failure to warn or protect a specific person or persons, including those identifiable by their association with a specific location or entity, against the violent behavior of a person receiving treatment from the mental health provider, and any such mental health provider must not be held civilly liable for failure to predict such violent behavior except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons, including those identifiable by their association with a specific location or entity.
(b) When there is a duty to warn and protect under the provisions of paragraph (a) of this subsection (2), the mental health provider shall make reasonable and timely efforts to notify the person or persons, or the person or persons responsible for a specific location or entity, that is specifically threatened, as well as to notify an appropriate law enforcement agency or to take other appropriate action, including but not limited to hospitalizing the patient. A mental health provider is not liable for damages in any civil action for warning a specific person or persons, or a person or persons responsible for a specific location or entity, against or predicting the violent behavior of a person receiving treatment from the mental health provider.
(c) A mental health provider must not be subject to professional discipline when there is a duty to warn and protect pursuant to this section.
(3) The provisions of this section do not apply to the negligent release of a patient from any mental health hospital or ward or to the negligent failure to initiate involuntary seventy-two-hour treatment and evaluation after a personal patient evaluation determining that the person appears to have a mental health disorder and, as a result of the mental health disorder, appears to be an imminent danger to others.
Source: L. 86: Entire section added, p. 687, � 1, effective May 22. L. 2006: Entire section amended, p. 1396, � 37, effective August 7. L. 2014: Entire section R&RE, (HB 14-1271), ch. 109, p. 398, � 1, effective April 7. L. 2018: (3) amended, (SB 18-091), ch. 35, p. 384, � 13, effective August 8. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1666, � 72, effective October 1. L. 2022: (1)(a) amended, (HB 22-1278), ch. 222, p. 1588, � 217, effective July 1, 2024.
Cross references: For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.
13-21-117.5. Civil liability - intellectual and developmental disability service providers - definitions. (1) Legislative declaration. (a) In recognition of the varied, extensive, and substantial needs of persons with developmental disabilities, the general assembly hereby finds and declares that the purposes of this section are:
(I) To reaffirm the high value Colorado places on the rights of persons with developmental disabilities to receive services and supports that enable them to live in integrated community settings, to participate fully in community life, and to exercise choice and self-direction in their lives;
(II) To recognize that there are inherent risks in such integration, participation, and self-direction due to the cognitive limitations experienced by persons with developmental disabilities;
(III) To recognize that providers to such persons are exposed to risk of liability when they assist or permit persons with developmental disabilities to experience community integration, participation, and self-direction;
(IV) To recognize that providers provide essential services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential services;
(V) To recognize that providers should be provided with protection from unlimited liability so that providers are not discouraged from providing such services and functions.
(b) The general assembly, therefore, declares that it is the intent of the general assembly to mitigate the risk of liability to providers to the developmentally disabled to the extent that such mitigation is reasonable and possible.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) Case management agency has the same meaning as set forth in section 25.5-6-1702 (2).
(a.5) Repealed.
(b) Department means the department of health care policy and financing.
(c) Developmental disability has the same meaning as intellectual and developmental disability as defined in section 25.5-10-202, C.R.S.
(d) Family caregiver has the same meaning as set forth in section 25.5-10-202 (17).
(e) Host home means a private home that houses up to three persons with intellectual and developmental disabilities and whose owner or renter provides residential services, as described in section 25.5-10-206 (1)(e), to those persons as an independent contractor of a service agency.
(f) Provider means any case management agency, service agency, host home, family caregiver, and the directors, officers, and employees of these entities, who provide long-term services or supports to persons with intellectual and developmental disabilities pursuant to article 10 of title 25.5 or article 10.5 of title 27.
(g) Service agency means a privately operated program-approved service agency designated pursuant to the rules of the department.
(3) A person filing an action against a provider 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 shall demonstrate liability by a preponderance of the evidence. If a provider raises the issue that a claimant cannot demonstrate liability by a preponderance of the evidence or raises any other limitation on liability pursuant to this section prior to or after the commencement of discovery, the court shall suspend discovery, except any discovery necessary to decide the issue of limitation of liability, and shall decide such issue on motion. The court's decision on such motion shall be a final judgment and shall be subject to interlocutory appeal.
(4) Duty of care. The performance of a service or an act of assistance for the benefit of a person with an intellectual and developmental disability or adoption or enforcement of a policy, procedure, guideline, or practice for the protection of the person's health or safety by a provider does not create any duty of care with respect to a third person, nor does it create a duty for any provider to perform or sustain a service or an act of assistance nor to adopt or enforce a policy, procedure, guideline, or practice; however, nothing in this section relieves a provider of a duty of care expressly imposed by federal or state law or department rule, nor shall anything in this section be deemed to create any duty of care.
(5) No action in tort under this section may be maintained on behalf of, for, or by a person with an intellectual and developmental disability or by a family member of a person with an intellectual and developmental disability against a provider unless the person claiming to have suffered an injury or grievance or the person's guardian or representative has filed for dispute resolution or other applicable intervention, if any, by the department or a case management agency or pursuant to rules promulgated under article 6 or 10 of title 25.5 or article 10.5 of title 27 within one year after the date of the discovery of the injury or grievance, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury or grievance. Compliance with this subsection (5), documented by a letter from the department certifying that any and all interventions and dispute resolution procedures, with either the department or a case management agency applicable to the matter at hand have been exhausted, or by submission of evidence that such an intervention or dispute resolution request has been filed and no action has been taken by the department within ninety days, is a jurisdictional prerequisite to any action brought under the provisions of this section, and failure of compliance forever bars any such action and must result in a dismissal of any claim with prejudice. Certification by the department that all applicable interventions and dispute resolution procedures have been exhausted does not result in the department becoming a party to the tort claim action.
(6) A provider shall not be liable for damages in any civil action for failure to warn or protect any person against the violent, assaultive, disorderly, or harassing behavior of a person with a developmental disability, nor shall any such provider be held civilly liable for failure to predict or prevent such behavior, except there shall be a duty to warn where the person with the developmental disability has communicated to the provider a serious and credible threat of imminent physical violence and serious bodily injury against a specific person or persons. If there is a duty to warn as specified in this subsection (6), the duty shall be discharged by the provider making reasonable and timely efforts to notify any person or persons specifically threatened, except that if the person or persons threatened with imminent physical violence and serious bodily injury is a person with a developmental disability under the care of a provider, the provider shall take reasonable action to protect such person from serious bodily injury until the threat can reasonably be deemed to have abated. A provider shall not be liable for damages in any civil action for warning a person against or predicting violent, assaultive, disorderly, or harassing behavior of a person with a developmental disability, nor shall a provider be subject to professional discipline for such warning or prediction.
(7) The owner of a property leased by a provider for the purpose of providing services pursuant to article 10 of title 25.5 or article 10.5 of title 27 is not responsible for the provision or monitoring of such services.
(8) If a person with an intellectual and developmental disability residing in a residential program operated by the department is referred by the department for community placement, the provider is not subject to civil liability for accepting that person for community placement.
(9) Claims predicated on an alleged deceptive trade practice pursuant to article 1 of title 6 shall not apply to providers engaged in the provision of services pursuant to article 10 of title 25.5 or article 10.5 of title 27.
(10) Case management agencies and service agencies shall have the authority to move a person with an intellectual and developmental disability from any residential setting that they operate under medicaid authority if the case management agency or service agency believes that the person with an intellectual and developmental disability may be at risk of abuse, neglect, mistreatment, exploitation, or other harm in such setting. If a person is moved for one of the aforementioned reasons, the person-centered planning required by this subsection (10) must occur as soon as possible following the move. In the absence of willful and wanton acts or omissions, case management agencies and service agencies have no civil liability for exercising such authority or for termination of any related contracts if the risk is substantiated by investigation pursuant to the rules of the department.
(11) In the absence of willful and wanton acts or omissions, a provider shall not have civil liability for injurious consequences to a person with a developmental disability in the provider's care when that person having the legal capacity for such decisions at the time such decisions were made, or the person's guardian or other person or entity duly authorized to make medication or treatment decisions for the person, declines or obstructs the administration of prescribed medication or other treatment recommended by a licensed physician, licensed psychologist, or certified therapist.
(12) When a person with a developmental disability who has the legal capacity to make decisions, or that person's guardian, refuses to comply with restrictions established pursuant to an interdisciplinary team process that are designed to safeguard the health and safety of the person or others, and it can be shown that a provider has made reasonable efforts to secure such compliance from the person or has taken other reasonable actions to safeguard the person or others, a provider of services shall not have civil liability for injuries or damages to the person with a developmental disability that may arise from the refusal by the person with a developmental disability, or that person's guardian, to comply with such restrictions.
Source: L. 92: Entire section added, p. 1396, � 53, effective July 1. L. 2003: Entire section R&RE, p. 1963, � 1, effective May 22. L. 2013: (2)(a), (2)(c), and (2)(e) amended, (HB 13-1314), ch. 323, p. 1802, �23, effective March 1, 2014. L. 2018: (2)(a), (2)(d), (2)(f), (2)(g), (4), (5), (7), (8), (9), and (10) amended and (2)(a.5) added, (SB 18-174), ch. 148, p. 937, � 1, effective April 23. L. 2021: (2)(a), (2)(b), (2)(e), (2)(f), (2)(g), (4), (5), (8), and (10) amended, (HB 21-1187), ch. 83, p. 324, � 5, effective July 1, 2024; (2)(a.5)(II) added by revision, (HB 21-1187), ch. 83, pp. 324, 354, �� 5, 70.
Editor's note: Subsection (2)(a.5)(II) provided for the repeal of subsection (2)(a.5), effective July 1, 2024. (See L. 2021, p. 324.)
13-21-117.7. Civil actions against family foster care providers - limited liability. (1) A foster care provider shall be immune from civil liability for any acts or omissions committed by a foster child in his or her care, unless a court of competent jurisdiction determines that acts or omissions on the part of the foster care provider were negligent and that such foster care provider's acts or omissions were a cause of injuries, damages, or losses.
(2) If a plaintiff in a civil liability action described in subsection (1) of this section is a biological or adoptive parent or other relative of the foster child and such plaintiff is successful against the foster care provider for any actions or omissions regarding foster care, any monetary compensation received by the plaintiff as a result of the civil action shall be deposited in a trust account at a federally licensed and insured financial institution to be held in trust for the benefit of the foster care child. The amount so deposited shall be subject to the jurisdiction and oversight of the court having probate jurisdiction.
(3) For purposes of this section, foster care provider means a foster care parent or a family member living in a foster care home who provides care to one or more foster children in that home.
Source: L. 2000: Entire section added, p. 1403, � 1, effective May 30.