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24-10-107. Determination of liability.

Statute text

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. L. 86: Entire section amended, p. 877, 7, effective July 1.





Section authorizes an award of costs against a public entity in a tort action under the Governmental Immunity Act. Nguyen v. Reg'l Transp. Dist., 987 P.2d 933 (Colo. App. 1999).

This section does not amount to an explicit legislative authorization to assess costs against a public entity in a contract action but rather applies only to tort actions. Denny Constr., Inc. v. City & County of Denver, 170 P.3d 733 (Colo. App. 2007), rev'd on other grounds, 199 P.3d 742 (Colo. 2009).

Applied in Martinez v. City of Lakewood, 655 P.2d 1388 (Colo. App. 1982); Kussman v. City & County of Denver, 671 P.2d 1000 (Colo. App. 1983).