Title 24, Government - State
0 chapters · 2,521 sections in this title.
Colo. Rev. Stat. § 24-10-101 Short title
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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.
Colo. Rev. Stat. § 24-10-102 Declaration of policy
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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 recog…
Colo. Rev. Stat. § 24-10-103 Definitions
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As used in this article 10, unless the context otherwise requires: (1) 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.…
Colo. Rev. Stat. § 24-10-104 Waiver of sovereign immunity
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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 Any such waiver may be withdrawn by the governing body by resolut…
Colo. Rev. Stat. § 24-10-105 Prior waiver of immunity - effect - indirect claims not separate
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(1) 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…
Colo. Rev. Stat. § 24-10-106 Immunity and partial waiver
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(1) A public entity is 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. Sovereign immunity is waived…
Colo. Rev. Stat. § 24-10-106.1 Immunity and partial waiver - claims against the state - injuries from prescribed fire - on or after January 1, 2012
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(1) 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 ot…
Colo. Rev. Stat. § 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
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(1) This section shall be known and may be cited as the “Claire Davis School Safety Act”. (2) Definitions. For purposes of this section, unless the context otherwise requires:(a) “Charter school” means a charter school or an institute charter school established pursuant to articl…
Colo. Rev. Stat. § 24-10-106.5 Duty of care
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(1) 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 …
Colo. Rev. Stat. § 24-10-107 Determination of liability
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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. …
Colo. Rev. Stat. § 24-10-108 Sovereign immunity a bar
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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…
Colo. Rev. Stat. § 24-10-109 Notice required - contents - to whom given - limitations
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(1) 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 da…
Colo. Rev. Stat. § 24-10-110 Defense of public employees - payment of judgments or settlements against public employees
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(1) A public entity shall be liable for: (a) 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 cla…
Colo. Rev. Stat. § 24-10-111 Judgment against public entity or public employee - effect
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(1) 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. (2) Any judgment against any public employee whose ac…
Colo. Rev. Stat. § 24-10-112 Compromise of claims - settlement of actions
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(1) (a) (I) 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…
Colo. Rev. Stat. § 24-10-113 Payment of judgments
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(1) 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 req…
Colo. Rev. Stat. § 24-10-113.5 Attorney general to notify general assembly
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(1) 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, sha…
Colo. Rev. Stat. § 24-10-114 Limitations on judgments - recommendation to general assembly - authorization of additional payment - lower north fork wildfire claims
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(1) (a) 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: (I) For any injury to one person in any single occurrence, the sum of three hundred fifty thousand dollars; (II) …
Colo. Rev. Stat. § 24-10-114.5 Limitation on attorney fees in class action litigation
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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 exc…
Colo. Rev. Stat. § 24-10-115 Authority for public entities other than the state to obtain insurance
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(1) A public entity, other than the state, either by itself or in conjunction with any one or more public entities may: (a) Insure against all or any part of its liability for an injury for which it might be liable under this article; (b) Insure any public employee acting within …
Colo. Rev. Stat. § 24-10-115.5 Authority for public entities to pool insurance coverage
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(1) Public entities may cooperate with one another to form a self-insurance pool to provide all or part of the insurance coverage authorized by this article or by section 29-5-111, C.R.S., for the cooperating public entities. Any such self-insurance pool may provide such coverage…
Colo. Rev. Stat. § 24-10-116 State required to obtain insurance
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(1) The state shall obtain insurance to: (a) Insure itself against all or any part of any liability for an injury for which it might be liable under this article; (b) Insure any of its public employees acting within the scope of their employment against all or any part of his lia…
Colo. Rev. Stat. § 24-10-117 Execution and attachment not to issue
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Neither execution nor attachment shall issue against a public entity in any action for injury or proceeding initiated under the provisions of this article. Source: L. 71: p. 1211, � 1. C.R.S. 1963: � 130-11-17. 24-10-118. Actions against public employees - requirements and limita…
Colo. Rev. Stat. § 24-10-118 Actions against public employees - requirements and limitations
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(1) Any action against a public employee, whether brought pursuant to this article, section 29-5-111, C.R.S., the common law, or otherwise, 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 the claimant an…
Colo. Rev. Stat. § 24-10-119 Applicability of article to claims under federal law
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The provisions of this article shall apply to any action against a public entity or a public employee in any court of this state having jurisdiction over any claim brought pursuant to any federal law, if such action lies in tort or could lie in tort regardless of whether that may…
Colo. Rev. Stat. § 24-10-120 Severability
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If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the…