Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
Colo. Rev. Stat. § 13-21-1001 Definitions
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As used in this article, unless the context otherwise requires: (1) Child means a person under eighteen years of age. (2) Sexual contact, sexual intrusion, and sexual penetration shall have the same meanings as set forth in section 18-3-401 (4), (5), and (6), C.R.S., respectively…
Colo. Rev. Stat. § 13-21-1002 Computer dissemination of indecent material to a child - prohibition
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(1) A person commits computer dissemination of indecent material to a child when: (a) Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, or sexual conduct, as defined in section 19-1-103, the person willfully use…
Colo. Rev. Stat. § 13-21-1003 Civil penalty - action for recovery - distribution of proceeds - attorney fees
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(1) A person who is found in a civil action brought under this part 10 to have committed computer dissemination of indecent material to a child in violation of section 13-21-1002 shall forfeit and pay a civil penalty established pursuant to verdict or judgment. (2) (a) An action …
Colo. Rev. Stat. § 13-21-101 Interest on damages
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(1) In all actions brought to recover damages for personal injuries sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by negligence or by willful intent of the other person, corporation, associa…
Colo. Rev. Stat. § 13-21-102 Exemplary damages
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(1) (a) In all civil actions in which damages are assessed by a jury for a wrong done to the person or to personal or real property, and the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the jury, in addition to the actual dama…
Colo. Rev. Stat. § 13-21-102.5 Limitations on damages for noneconomic loss or injury - definitions
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(1) The general assembly finds, determines, and declares that awards in civil actions for noneconomic losses or injuries often unduly burden the economic, commercial, and personal welfare of persons in this state; therefore, for the protection of the public peace, health, and wel…
Colo. Rev. Stat. § 13-21-103 Damages for selling liquor to an intoxicated person
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Every husband, wife, child, parent, guardian, employer, or other person who is injured in person, or property, or means of support by any intoxicated person, or in consequence of the intoxication of any person, has a right of action, in his or her name, against any person who, by…
Colo. Rev. Stat. § 13-21-104 Damages for using animal left for keeping
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If any person keeping a public ranch or stable uses or allows to be used, without the consent of the owner, any horse, ox, mule, or ass that may have been left with him to be ranched or fed, he shall forfeit to the owner all ranch or stable fees that may be due upon such animal u…
Colo. Rev. Stat. § 13-21-105 Damages from fire set in woods or prairie - treble damages during drought conditions
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(1) If any person sets fire to any woods or prairie so as to damage any other person, such person shall make satisfaction for the damage to the party injured, to be recovered in an action before any court of competent jurisdiction. (2) (a) If a state of emergency or disaster due …
Colo. Rev. Stat. § 13-21-105.5 Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages
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(1) This section shall be known and may be cited as the “Infant Used Crib Safety Act of 1998”. (2) The general assembly hereby finds that parents’ use of used infant cribs occasionally results in crib accidents that may lead to infants’ injuries or deaths, and therefore such used…
Colo. Rev. Stat. § 13-21-106 Broadcasting defamatory statements
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The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations and the agent or employees of any such owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a v…
Colo. Rev. Stat. § 13-21-106.5 Civil damages for destruction or bodily injury caused by a bias-motivated crime
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(1) The victim, or a member of the victim’s immediate family, is entitled to recover damages from any person, organization, or association that commits or incites others to commit the offense of a bias-motivated crime as described in section 18-9-121 (2), C.R.S. Such person, orga…
Colo. Rev. Stat. § 13-21-106.7 Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility
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(1) A person is entitled to recover damages and to obtain injunctive relief from any person who commits or incites others to commit the offense of preventing passage to or from a health-care facility or engaging in prohibited activity near a health-care facility, as defined in se…
Colo. Rev. Stat. § 13-21-107 Damages for destruction or bodily injury caused by minors
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(1) The state or any county, city, town, school district, or other political subdivision of the state, or any person, partnership, corporation, association, or religious organization, whether incorporated or unincorporated, is entitled to recover damages in an amount not to excee…
Colo. Rev. Stat. § 13-21-107.5 Civil damages for loss caused by theft
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(1) As used in this section, unless the context otherwise requires: (a) Emancipated minor means an individual under the age of eighteen years whose parents or guardian have surrendered parental responsibilities or custody, the right to the care, and earnings of such individual an…
Colo. Rev. Stat. § 13-21-108 Persons rendering emergency assistance exempt from civil liability
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(1) Any person licensed as a physician and surgeon under the laws of the state of Colorado, or any other person, who in good faith renders emergency care or emergency assistance to a person not presently his patient without compensation at the place of an emergency or accident, i…
Colo. Rev. Stat. § 13-21-108.1 Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity - definition
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(1) The general assembly hereby declares that it is the intent of the general assembly to encourage the use of automated external defibrillators for the purpose of saving the lives of people in cardiac arrest. (2) As used in this section, unless the context otherwise requires, “A…
Colo. Rev. Stat. § 13-21-108.2 Persons rendering emergency assistance - competitive sports - exemption from civil liability
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(1) (a) Except as provided in subsection (2) of this section, a person licensed as a physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, or optometrist or certified or licensed as an emergency medical service provider under part 2 of article 3.5 of…
Colo. Rev. Stat. § 13-21-108.3 Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability
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(1) An architect licensed pursuant to part 4 of article 120 of title 12, a building code official, a professional engineer licensed pursuant to part 2 of article 120 of title 12, or a professional land surveyor licensed pursuant to part 3 of article 120 of title 12 who voluntaril…
Colo. Rev. Stat. § 13-21-108.4 Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions
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(1) For purposes of this section, unless the context otherwise requires: (a) “Animal” means a dog or cat. The term “animal” does not include livestock, as defined in subsection (1)(c) of this section. (b) “At-risk person” means an at-risk adult, an at-risk adult with IDD, an at-r…
Colo. Rev. Stat. § 13-21-108.5 Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability
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(1) The general assembly hereby finds and declares that knowledgeable individuals and organizations should be encouraged to lend expert assistance in the event of accidental or threatened discharges of hazardous materials. The purpose of this section is to so encourage such indiv…
Colo. Rev. Stat. § 13-21-108.7 Persons rendering emergency assistance through the administration of an opioid antagonist - limited immunity - legislative declaration - definitions
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(1) Legislative declaration. The general assembly encourages the administration and distribution of opioid antagonists, including expired opioid antagonists, by persons and entities, including law enforcement personnel, school district personnel, and health-care providers, for th…
Colo. Rev. Stat. § 13-21-108.8 Persons furnishing a non-laboratory synthetic opiate detection test or a non-laboratory additive detection test - limited immunity - definitions
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(1) Except as provided in subsection (2) of this section, a person who or entity that acts in good faith to furnish a non-laboratory synthetic opiate detection test or a non-laboratory additive detection test, including an expired non-laboratory synthetic opiate detection test or…
Colo. Rev. Stat. § 13-21-108.9 Landowner allowing access to property during emergency - limited immunity - definitions
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(1) As used in this section, unless the context otherwise requires: (a) “Emergency” means: (I) A fire, rescue call, or hazardous materials incident; (II) A natural or human-caused disaster such as an earthquake, wildfire, flood, or severe weather event; or (III) An incident reaso…
Colo. Rev. Stat. § 13-21-109 Recovery of damages for checks, drafts, or orders not paid upon presentment
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(1) Any person who obtains money, merchandise, property, or other thing of value, or who makes any payment of any obligation other than an obligation on a consumer credit transaction as defined in section 5-1-301 by means of making any check, draft, or order for the payment of mo…
Colo. Rev. Stat. § 13-21-109.5 Recovery of damages for fraudulent use of social security numbers
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(1) No person shall buy or otherwise obtain or sell, offer for sale, take or give in exchange, pledge or give in pledge, or use any individual’s social security account number, or any derivative of such number, for the purpose of committing fraud or fraudulently using or assuming…
Colo. Rev. Stat. § 13-21-110 Medical committee - privileged communication - limitation on liability
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(1) Any information, data, reports, or records made available to a utilization review committee of a hospital or other health-care facility, as required by state or federal law, is confidential and shall be used by such committee and the members thereof only in the exercise of th…
Colo. Rev. Stat. § 13-21-1101 Short title
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This part 11 shall be known and may be cited as the Commonsense Consumption Act. Source: L. 2004: Entire part added, p. 759, � 1, effective May 17.
Colo. Rev. Stat. § 13-21-1102 Legislative declaration
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(1) The general assembly hereby finds and declares that: (a) Obesity and many other conditions that are detrimental to the health and well-being of individuals are frequently long-term manifestations of poor choices that are habitually made by those individuals; (b) Despite comme…
Colo. Rev. Stat. § 13-21-1103 Definitions
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For the purposes of this part 11, unless the context otherwise requires: (1) Claim means any claim by or on behalf of a natural person and any derivative or other claim arising therefrom that is asserted by or on behalf of any other person. (2) Food means any food or beverage, in…
Colo. Rev. Stat. § 13-21-1104 Actions against food providers that comply with applicable state and federal laws - exemptions
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(1) Except as otherwise provided in subsection (2) of this section, a manufacturer, packer, distributor, carrier, holder, or seller of a food, or an association of one or more such entities, shall not be subject to civil liability for any claim arising from weight gain, obesity, …
Colo. Rev. Stat. § 13-21-1105 Pleading requirements
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(1) In any action permitted under section 13-21-1104 (2), the plaintiff shall state the following with particularity in the complaint: (a) The statute, regulation, or other provision of state or federal law that was allegedly violated; (b) The facts that are alleged to constitute…
Colo. Rev. Stat. § 13-21-1106 Stay of proceedings pending motion to dismiss
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(1) In any action brought against a manufacturer, packer, distributor, carrier, holder, or seller of a food for claims related to the long-term consumption of food, all proceedings including but not limited to discovery shall be stayed during the pendency of a motion to dismiss u…
Colo. Rev. Stat. § 13-21-111 Negligence cases - comparative negligence as measure of damages
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(1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom rec…
Colo. Rev. Stat. § 13-21-111.5 Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration
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(1) In an action brought as a result of a death or an injury to person or property, no defendant shall be liable for an amount greater than that represented by the degree or percentage of the negligence or fault attributable to such defendant that produced the claimed injury, dea…
Colo. Rev. Stat. § 13-21-111.6 Civil actions - reduction of damages for payment from collateral source
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In any action by any person or his legal representative to recover damages for a tort resulting in death or injury to person or property, the court, after the finder of fact has returned its verdict stating the amount of damages to be awarded, shall reduce the amount of the verdi…
Colo. Rev. Stat. § 13-21-111.7 Assumption of risk - consideration by trier of fact
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Assumption of a risk by a person shall be considered by the trier of fact in apportioning negligence pursuant to section 13-21-111. For the purposes of this section, a person assumes the risk of injury or damage if he voluntarily or unreasonably exposes himself to injury or damag…
Colo. Rev. Stat. § 13-21-111.8 Assumption of risk - shooting ranges
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(1) Any person who engages in sport shooting activities at a qualifying sport shooting range, as defined under section 25-12-109 (2)(d), C.R.S., assumes the risk of injury or damage associated with sport shooting activities as set forth in section 13-21-111.7. (2) For purposes of…
Colo. Rev. Stat. § 13-21-112 Ad damnum clauses in professional liability actions
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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…
Colo. Rev. Stat. § 13-21-113 Donation of items of food - exemption from civil and criminal liability - definitions
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(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…
Colo. Rev. Stat. § 13-21-113.3 Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration
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(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 suc…
Colo. Rev. Stat. § 13-21-113.5 Use of school or nonprofit organization kitchen - exemption from civil and criminal liability
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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 …
Colo. Rev. Stat. § 13-21-113.7 Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration
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(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, e…
Colo. Rev. Stat. § 13-21-114 Immunity of mine rescue participants and their employers or organizations
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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, …
Colo. Rev. Stat. § 13-21-115 Actions against landowners - short title - legislative declaration - definitions
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(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 a…
Colo. Rev. Stat. § 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
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(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…
Colo. Rev. Stat. § 13-21-115.6 Immunity from civil liability for school crossing guards and sponsors
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(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” m…
Colo. Rev. Stat. § 13-21-115.7 Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations
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(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 exemp…
Colo. Rev. Stat. § 13-21-116 Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons
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(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 detri…
Colo. Rev. Stat. § 13-21-117 Civil liability - mental health providers - duty to warn - definitions
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(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 st…