Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
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…
Colo. Rev. Stat. § 13-21-117.5 Civil liability - intellectual and developmental disability service providers - definitions
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(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 …
Colo. Rev. Stat. § 13-21-117.7 Civil actions against family foster care providers - limited liability
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(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 suc…
Colo. Rev. Stat. § 13-21-118 Actions based on flight in aircraft
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No cause of action at law or in equity based upon flight in aircraft over lands or waters of this state shall be maintained unless other than nominal damages result therefrom or unless irreparable damage will probably result therefrom. Source: L. 88: Entire section added, p. 1094…
Colo. Rev. Stat. § 13-21-119 Equine activities - llama activities - legislative declaration - exemption from civil liability
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(1) The general assembly recognizes that persons who participate in equine activities or llama activities may incur injuries as a result of the risks involved in such activities. The general assembly also finds that the state and its citizens derive numerous economic and personal…
Colo. Rev. Stat. § 13-21-120 Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice
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(1) This section shall be known and may be cited as the “Colorado Baseball Spectator Safety Act of 1993”. (2) The general assembly recognizes that persons who attend professional baseball games may incur injuries as a result of the risks involved in being a spectator at such base…
Colo. Rev. Stat. § 13-21-1201 Short title
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This part 12 is known and may be cited as the Civil Remedy for Unlawful Termination of Pregnancy Act. Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, � 2, effective July 1.
Colo. Rev. Stat. § 13-21-1202 Legislative declaration
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The general assembly hereby declares that the purpose of this part 12 is to provide an appropriate civil remedy to a woman who suffers an unlawful termination of her pregnancy, without establishing the legal personhood of an unborn human being. Source: L. 2014: Entire part added,…
Colo. Rev. Stat. § 13-21-1203 Definitions
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As used in this part 12, unless the context otherwise requires: (1) Consent has the same meaning as provided in section 18-1-505, C.R.S. (2) Intentionally has the same meaning as provided in section 18-1-501 (5), C.R.S. (3) Knowingly has the same meaning as provided in section 18…
Colo. Rev. Stat. § 13-21-1204 Construction
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Nothing in this part 12 shall be construed to confer the status of person upon a human embryo, fetus, or unborn child at any stage of development prior to live birth. Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, � 2, effective July 1. 13-21-1205. Damages - …
Colo. Rev. Stat. § 13-21-1205 Damages - woman injured by the unlawful termination of a pregnancy
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(1) A woman may bring an action for damages in accordance with this part 12 against any person who intentionally, knowingly, or recklessly caused an unlawful termination of her pregnancy. (2) (a) The action authorized in this section is in addition to, and does not limit or affec…
Colo. Rev. Stat. § 13-21-1206 Exceptions to liability
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(1) Nothing in this part 12 shall create liability for damages, or permit a cause of action, against: (a) A health-care institution, as defined in section 13-64-202 (3), to the extent that the health-care institution is engaged in providing health-care services to a pregnant woma…
Colo. Rev. Stat. § 13-21-1207 Limitation of actions - three years
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Any action brought under this part 12 must be commenced within three years after the cause of action accrues and not thereafter. For purposes of this part 12, a cause of action accrues when a woman has reason to know that her pregnancy was unlawfully terminated. Source: L. 2014: …
Colo. Rev. Stat. § 13-21-121 Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions
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(1) The general assembly recognizes that persons who participate in certain agricultural recreation or agritourism activities may incur injuries as a result of the inherent risks involved with these activities. The general assembly also finds that the state and its citizens deriv…
Colo. Rev. Stat. § 13-21-122 Civil liability for unlawful use of personal identifying information
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(1) Notwithstanding any other remedies provided under this article, a person who suffers damages as a result of a crime described in article 5 of title 18, C.R.S., in which personal identifying information was used in the commission of the crime, shall have a private civil right …
Colo. Rev. Stat. § 13-21-122.5 Civil liability for trading in telephone records
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(1) In addition to any other remedies provided under this article, a person who suffers damages as a result of a violation of section 18-13-125, C.R.S., shall have a private civil right of action against the perpetrator who committed the crime, regardless of whether the perpetrat…
Colo. Rev. Stat. § 13-21-123 Civil liability for newspaper theft. (Repealed)
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Source: L. 2004: Entire section added, p. 446, � 3, effective July 1. L. 2013: Entire section repealed, (HB 13-1160), ch. 373, p. 2199, � 7, effective June 5; entire section amended, (HB 13-1014), ch. 7, p. 18, � 3, effective August 7.
Colo. Rev. Stat. § 13-21-124 Civil actions against dog owners
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(1) As used in this section, unless the context otherwise requires: (a) Bodily injury means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic …
Colo. Rev. Stat. § 13-21-125 Civil actions for theft in the mortgage lending process
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A person who suffers damages as a result of a violation of section 18-4-401, C.R.S., in the mortgage lending process, as defined by section 18-4-401 (9)(e)(I), C.R.S., shall have a private civil right of action against the perpetrator, regardless of whether the perpetrator was co…
Colo. Rev. Stat. § 13-21-126 Funeral picketing - legislative declaration - definitions - damages
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(1) The general assembly finds and declares that: (a) One of the fundamental reasons we humans organize ourselves into societies is to ritually assist in and recognize the grieving process; (b) Funeral picketing disrupts that fundamental grieving process; (c) Funeral picketing in…
Colo. Rev. Stat. § 13-21-127 Civil damages for human trafficking and involuntary servitude
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(1) In addition to all other remedies, a victim, as defined in section 18-3-502 (12), C.R.S., is entitled to recover damages proximately caused by any person who commits human trafficking for involuntary servitude, as described in section 18-3-503, C.R.S., or human trafficking fo…
Colo. Rev. Stat. § 13-21-128 Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions
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(1) (a) Notwithstanding any other remedies, a person has a right of recovery against a peace officer’s employing law enforcement agency if a person attempts to or lawfully records an incident involving a peace officer and: (I) A peace officer unlawfully destroys or damages the re…
Colo. Rev. Stat. § 13-21-129 Snow removal service liability limitation - exceptions - short title - definitions
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(1) This section may be cited as the “Snow Removal Service Liability Limitation Act”. (2) As used in this section, unless the context otherwise requires: (a) “Public utility” has the same meaning as set forth in section 40-1-103. (b) “Service provider” means a person providing se…
Colo. Rev. Stat. § 13-21-130 Civil liability for false statement to recover possession of real property
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In addition to any other remedies, a person removed from a residential premises pursuant to section 13-40.1-101 on the basis of false statements made by a declarant has a private cause of action against the declarant. In the action, the plaintiff is entitled to actual damages, at…
Colo. Rev. Stat. § 13-21-1301 Legislative declaration
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The general assembly hereby finds, determines, and declares that independent wholesale sales representatives are a key ingredient to the Colorado economy. The general assembly further finds and declares that wholesale sales representatives spend many hours developing their territ…
Colo. Rev. Stat. § 13-21-1302 Jurisdiction over nonresident representatives
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A distributor, jobber, or manufacturer who is not a resident of Colorado and who enters into any written contract or written sales agreement regulated by this part 13 shall be deemed to be doing business in Colorado for purposes of personal jurisdiction. Source: L. 2017: Entire p…
Colo. Rev. Stat. § 13-21-1303 Damages
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(1) A distributor, jobber, or manufacturer who knowingly fails to pay commissions as provided in any written contract or written sales agreement shall be liable to the wholesale sales representative in a civil action for treble the damages proved at trial. (2) In a civil action b…
Colo. Rev. Stat. § 13-21-1304 Liquor licensees excepted
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This part 13 shall not apply to any person licensed under article 3 or 4 of title 44. Source: L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 992, � 1, effective August 9. L. 2019: Entire section amended, (SB 19-241), ch. 390, p. 3464, � 7, effective August…
Colo. Rev. Stat. § 13-21-131 Civil action for deprivation of rights
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(1) A peace officer, as defined in section 24-31-901 (3), who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the …
Colo. Rev. Stat. § 13-21-132 Civil liability for misuse of gametes - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Assisted reproduction means a method of causing pregnancy through means other than by sexual intercourse. Assisted reproduction includes, but is not limited to: (I) Intrauterine or intracervical insemination;…
Colo. Rev. Stat. § 13-21-133 Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment
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(1) (a) It is against the public policy of this state for the law of another state to authorize a person to bring a civil action against another person or entity for engaging or attempting or intending to engage in a legally protected health-care activity, as defined in section 1…
Colo. Rev. Stat. § 13-21-1401 Short title
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The short title of this part 14 is the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 325, � 1, effective April 8.
Colo. Rev. Stat. § 13-21-1402 Definitions
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As used in this part 14, unless the context otherwise requires: (1) Consent means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. (2) Depicted individual means an individual whose body is shown in whole or in part in…
Colo. Rev. Stat. § 13-21-1403 Civil action - definitions
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(1) In this section, unless the context otherwise requires: (a) Harm means physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (b) Private means: (I) Created or obtained under circumstances in which the depicted individual…