13-20-1207. Applicability of part to public entities and public employees - damages - no duty to indemnify.
Statute text
(1) (a) Notwithstanding sections 22-12-104, 24-10-105, 24-10-106, 24-10-108, and 24-10-118, or any other state law that prohibits civil actions against a public employee or public entity, a person may bring a claim alleging liability for injuries arising from sexual misconduct pursuant to this part 12 against a public employee or public entity.
(b) Notwithstanding sections 22-12-104 (3), 24-10-109 (1), and 24-10-118 (1)(a), requiring the filing of a written notice, a person who brings an action pursuant to this part 12 is not required to file written notice as a jurisdictional prerequisite to the action.
(c) The maximum amount that may be recovered from a public employee or public entity as set forth in section 24-10-114 applies to a claim brought against a public employee or public entity pursuant to this part 12.
(2) Notwithstanding any provision of this part 12 or any other provision of law, the state, as defined in section 24-10-103 (7), and a public entity do not have a duty to defend or indemnify a public employee for a claim alleging sexual misconduct pursuant to this part 12, if the employee's conduct is willful or wanton.
History
Source: Entire part added, (SB 21-088), ch. 442, p. 2926, 2, effective January 1, 2022.
DAMAGES AND LIMITATIONS ON ACTIONS
Annotations
Law reviews: For article, "1988 Update on Colorado Tort Reform Legislation -- Part II", see 17 Colo. Law. 1949 (1988); for article, "Duty of Property Owners and Operators to Protect Patrons from Crime", see 17 Colo. Law. 2143 (1988); for a discussion of Tenth Circuit decisions dealing with torts, see 67 Den. U. L. Rev. 779 (1990); for article, "A Survey of the Law of Colorado Nonprofit Entities", see 27 Colo. Law. 5 (April 1998).
Section
PART 1 GENERAL PROVISIONS
13-21-101. Interest on damages.
13-21-102. Exemplary damages.
13-21-102.5. Limitations on damages for noneconomic loss or injury.
13-21-103. Damages for selling liquor to an intoxicated person.
13-21-104. Damages for using animal left for keeping.
13-21-105. Damages from fire set in woods or prairie - treble damages during drought conditions.
13-21-105.5. Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages.
13-21-106. Broadcasting defamatory statements.
13-21-106.5. Civil damages for destruction or bodily injury caused by a bias-motivated crime.
13-21-106.7. Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility.
13-21-107. Damages for destruction or bodily injury caused by minors.
13-21-107.5. Civil damages for loss caused by theft.
13-21-108. Persons rendering emergency assistance exempt from civil liability.
13-21-108.1. Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity.
13-21-108.2. Persons rendering emergency assistance - competitive sports - exemption from civil liability.
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.
13-21-108.4. Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions.
13-21-108.5. Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability.
13-21-108.7. Persons rendering emergency assistance through the administration of an opiate antagonist - limited immunity - legislative declaration - definitions.
13-21-108.8. Persons furnishing a non-laboratory synthetic opiate detection test - limited immunity - definition.
13-21-109. Recovery of damages for checks, drafts, or orders not paid upon presentment.
13-21-109.5. Recovery of damages for fraudulent use of social security numbers.
13-21-110. Medical committee - privileged communication - limitation on liability.
13-21-111. Negligence cases - comparative negligence as measure of damages.
13-21-111.5. Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration.
13-21-111.6. Civil actions - reduction of damages for payment from collateral source.
13-21-111.7. Assumption of risk - consideration by trier of fact.
13-21-111.8. Assumption of risk- shooting ranges.
13-21-112. Ad damnum clauses in professional liability actions.
13-21-113. Donation of items of food - exemption from civil and criminal liability - definitions.
13-21-113.3. Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration.
13-21-113.5. Use of school or nonprofit organization kitchen - exemption from civil and criminal liability.
13-21-113.7. Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration.
13-21-114. Immunity of mine rescue participants and their employers or organizations.
13-21-115. Actions against landowners - short title - legislative declaration - definitions.
13-21-115.5. Volunteer service act - immunity - exception for operation of motor vehicles - short title - legislative declaration - definitions.
13-21-115.6. Immunity from civil liability for school crossing guards and sponsors.
13-21-115.7. Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations.
13-21-116. Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons.
13-21-117. Civil liability - mental health providers - duty to warn - definitions.
13-21-117.5. Civil liability - intellectual and developmental disability service providers - definitions - repeal.
13-21-117.7. Civil actions against family foster care providers - limited liability.
13-21-118. Actions based on flight in aircraft.
13-21-119. Equine activities - llama activities - legislative declaration - exemption from civil liability.
13-21-120. Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice.
13-21-121. Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions.
13-21-122. Civil liability for unlawful use of personal identifying information.
13-21-122.5. Civil liability for trading in telephone records.
13-21-123. Civil liability for newspaper theft. (Repealed)
13-21-124. Civil actions against dog owners.
13-21-125. Civil actions for theft in the mortgage lending process.
13-21-126. Funeral picketing - legislative declaration - definitions - damages.
13-21-127. Civil damages for human trafficking and involuntary servitude.
13-21-128. Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions.
13-21-129. Snow removal service liability limitation - exceptions - short title - definitions.
13-21-130. Civil liability for false statement to recover possession of real property.
13-21-131. Civil action for deprivation of rights.
13-21-132. Civil liability for misuse of gametes - definitions.
13-21-133. Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgement.
PART 2 DAMAGES FOR DEATH BY NEGLIGENCE
13-21-201. Damages for death.
13-21-202. Action notwithstanding death.
13-21-203. Limitation on damages.
13-21-203.5. Alternative means of establishing damages - solatium amount.
13-21-203.7. Adjustments of dollar limitations for effects of inflation.
13-21-204. Limitation of actions.
PART 3 SETTLEMENTS, RELEASES, AND STATEMENTS
13-21-301. Settlements, releases, and statements of injured persons.
PART 4 PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS
13-21-401. Definitions.
13-21-402. Innocent seller.
13-21-402.5. Product misuse.
13-21-403. Presumptions.
13-21-404. Inadmissible evidence.
13-21-405. Report to general assembly. (Repealed)
13-21-406. Comparative fault as measure of damages.
PART 5 PRODUCT LIABILITY
ACTIONS -
FIREARMS AND AMMUNITION
13-21-501 to
13-21-505. (Repealed)
PART 6 LIABILITY FOR ELECTRONIC COMPUTING DEVICE FAILURES ASSOCIATED WITH THE YEAR 2000 DATE CHANGE
13-21-601 to
13-21-604. (Repealed)
PART 7 YEAR 2000 CITIZENS' PROTECTION ACT
13-21-701 to 13-21-705. (Repealed)
PART 8 DRUG DEALER LIABILITY ACT
13-21-801. Short title.
13-21-802. Legislative declaration.
13-21-803. Definitions.
13-21-804. Damages - persons injured by an individual illegal drug user.
13-21-805. Nonexclusiveness - exceptions to liability - joinder.
13-21-806. Comparative negligence.
13-21-807. Contribution among and recovery from multiple defendants.
13-21-808. Effect of criminal drug conviction.
13-21-809. Prejudgment attachment and execution on judgments.
13-21-810. Statute of limitations.
13-21-811. Stay of action.
13-21-812. Nonretroactive.
13-21-813. Severability.
PART 9 LIABILITY OF HOSPITAL ENTERPRISES FOR ELECTRONIC COMPUTING DEVICE FAILURES ASSOCIATED WITH THE YEAR 2000 DATE CHANGE
13-21-901 and
13-21-902. (Repealed)
PART 10 LIABILITY FOR COMPUTER DISSEMINATION OF INDECENT MATERIAL TO CHILDREN
13-21-1001. Definitions.
13-21-1002. Computer dissemination of indecent material to a child - prohibition.
13-21-1003. Civil penalty - action for recovery - distribution of proceeds - attorney fees.
PART 11 COMMONSENSE CONSUMPTION ACT
13-21-1101. Short title.
13-21-1102. Legislative declaration.
13-21-1103. Definitions.
13-21-1104. Actions against food providers that comply with applicable state and federal laws - exemptions.
13-21-1105. Pleading requirements.
13-21-1106. Stay of proceedings pending motion to dismiss.
PART 12 DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY
13-21-1201. Short title.
13-21-1202. Legislative declaration.
13-21-1203. Definitions.
13-21-1204. Construction.
13-21-1205. Damages - woman injured by the unlawful termination of a pregnancy.
13-21-1206. Exceptions to liability.
13-21-1207. Limitation of actions - three years.
PART 13 WHOLESALE SALES REPRESENTATIVES
13-21-1301. Legislative declaration.
13-21-1302. Jurisdiction over nonresident representatives.
13-21-1303. Damages.
13-21-1304. Liquor licensees excepted.
PART 14 UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES
13-21-1401. Short title.
13-21-1402. Definitions.
13-21-1403. Civil action - definitions.
13-21-1404. Exceptions to liability - definitions.
13-21-1405. Plaintiff's privacy.
13-21-1406. Remedies.
13-21-1407. Statute of limitations.
13-21-1408. Construction.
13-21-1409. Uniformity of application and construction.
Annotations
Editor's note: Colorado recognizes "wrongful birth" claims but not "wrongful life" claims. For discussion of such claims, see Lininger v. Eisenbaum, 764 P.2d 1202 (Colo. 1988) and Empire Cas. v. St. Paul Fire and Marine, 764 P.2d 1191 (Colo. 1988).
Annotations
Cross references: For damages recoverable for failure to comply with excavation requirements, see 9-1.5-104.5; for the admissibility of evidence of failure to wear a safety belt system to mitigate damages resulting from a motor vehicle accident, see 42-4-237 (7).
Annotations
Law reviews: For article, "Using Mental Health Professionals to Maximize Damages in Personal Injury Cases", see 15 Colo. Law. 2009 (1986); for article, "1986 Colorado Tort Reform Legislation", see 15 Colo. Law. 1363 (1986); for article, "Introduction to the Tort Reform Symposium: Some Cautioning Implications of Legislative Tort Reform", see 64 Den. U. L. Rev. 613 (1988); for article, "The Assault on Injured Victims' Rights", see 64 Den. U. L. Rev. 625 (1988); for article, "The Insurance 'Crisis': Reality or Myth? A Plaintiffs' Lawyer's Perspective", see 64 Den. U. L. Rev. 641 (1988); for article, "Constitutional Challenges to Tort Reform: Equal Protection and State Constitutions", see 64 Den. U. L. Rev. 719 (1988); for article, "The Failed Tubal Ligation: Bringing a Wrongful Birth Case to Trial", see 17 Colo. Law. 849 (1988); for article, "Limiting Lender Liability through the Statute of Frauds", see 18 Colo. Law. 1725 (1989); for comment, "Stemming the Tide of Lender Liability: Judicial and Legislative Reactions", see 67 Den. U. L. Rev. 453 (1990); for comment, "Comprehensive General Liability Insurance Coverage for CERCLA Liabilities: A Recommendation for Judicial Adherence to State Canons of Insurance Contract Construction", see 61 U. Colo. L. Rev. 407 (1990); for article, "A Federal Genie from a State Bottle: 1983 in the Colorado State Courts", see 19 Colo. Law. 617 (1990); for article, "1990 Update on Colorado Tort Reform Legislation", see 19 Colo. Law. 1529 (1990).