reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 8 - CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE (§§ 13-20-801 — 13-20-808) › Section 13-20-802 - Legislative declaration

The general assembly hereby finds, declares, and determines that changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the general assembly that this part 8 apply to these types of civil actions while preserving adequate rights and remedies for property owners who bring and maintain such actions.
L. 2001: Entire part added, p. 388, § 1, effective August 8. L. 2003: Entire section amended, p. 1361, § 1, effective April 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 8 - CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE (§§ 13-20-801 — 13-20-808) › Section 13-20-802.5 - Definitions

As used in this part 8, unless the context otherwise requires:
(1)
"Action" means a civil action or an arbitration proceeding for damages, indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third party claim for damages or loss to, or the loss of use of, real or personal property or personal injury caused by a defect in the design or construction of an improvement to real property.
(2)
"Actual damages" means the fair market value of the real property without the alleged construction defect, the replacement cost of the real property, or the reasonable cost to repair the alleged construction defect, whichever is less, together with relocation costs, and, with respect to residential property, other direct economic costs related to loss of use, if any, interest as provided by law, and such costs of suit and reasonable attorney fees as may be awardable pursuant to contract or applicable law. "Actual damages" as to personal injury means those damages recoverable by law, except as limited by the provisions of section
13-20-806(4)
.
(3)
"Claimant" means a person other than the attorney general or the district attorneys of the several judicial districts of the state who asserts a claim against a construction professional that alleges a defect in the construction of an improvement to real property.
(4)
"Construction professional" means an architect, contractor, subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term "construction professional" shall also include any prior owner of the commercial property, other than the claimant, at the time the work was performed. As used in this subsection (4), "commercial property" means property that is zoned to permit commercial, industrial, or office types of use.
(5)
"Notice of claim" means a written notice sent by a claimant to the last known address of a construction professional against whom the claimant asserts a construction defect claim that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect.
L. 2003: Entire section added, p. 1361, § 2, effective April 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 8 - CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE (§§ 13-20-801 — 13-20-808) › Section 13-20-803 - List of defects required

(1)
In addition to the notice of claim required by section
13-20-803.5
, in every action brought against a construction professional, the claimant shall file with the court or arbitrator and serve on the construction professional an initial list of construction defects in accordance with this section.
(2)
The initial list of construction defects shall contain a description of the construction that the claimant alleges to be defective. The initial list of construction defects shall be filed with the court and served on the defendant within sixty days after the commencement of the action or within such longer period as the court in its discretion may allow.
(3)
The initial list of construction defects may be amended by the claimant to identify additional construction defects as they become known to the claimant. In no event shall the court allow the case to be set for trial before the initial list of construction defects is filed and served.
(4)
If a subcontractor or supplier is added as a party to an action under this section, the claimant making the claim against such subcontractor or supplier shall file with the court and serve on the defendant an initial list of construction defects in accordance with this section within sixty days after service of the complaint against the subcontractor or supplier or within such longer period as the court in its discretion may allow. In no event shall the filing of a defect list under this subsection (4) delay the setting of the trial.
L. 2001: Entire part added, p. 389, § 1, effective August 8. L. 2003: (1) amended, p. 1362, § 3, effective April 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 8 - CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE (§§ 13-20-801 — 13-20-808) › Section 13-20-804 - Restriction on construction defect negligence claims

(1)
No negligence claim seeking damages for a construction defect may be asserted in an action if such claim arises from the failure to construct an improvement to real property in substantial compliance with an applicable building code or industry standard; except that such claim may be asserted if such failure results in one or more of the following:
(a)
Actual damage to real or personal property;
(b)
Actual loss of the use of real or personal property;
(c)
Bodily injury or wrongful death; or
(d)
A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential real property.
(2)
Nothing in this section shall be construed to prohibit, limit, or impair the following:
(a)
The assertion of tort claims other than claims for negligence;
(b)
The assertion of contract or warranty claims; or
(c)
The assertion of claims that arise from the violation of any statute or ordinance other than claims for violation of a building code.
L. 2001: Entire part added, p. 389, § 1, effective August 8. L. 2003: IP(1), (1)(a), and (1)(b) amended, p. 1362, § 4, effective April 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 8 - CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE (§§ 13-20-801 — 13-20-808) › Section 13-20-805 - Tolling of statutes of limitation

If a notice of claim is sent to a construction professional in accordance with section
13-20-803.5
within the time prescribed for the filing of an action under any applicable statute of limitations or repose, then the statute of limitations or repose is tolled until sixty days after the completion of the notice of claim process described in section
13-20-803.5
.
L. 2003: Entire section added, p. 1363, § 5, effective April 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 8 - CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE (§§ 13-20-801 — 13-20-808) › Section 13-20-807 - Express warranty - not affected

The provisions of this part 8 are not intended to abrogate or limit the provisions of any express warranty or the obligations of the provider of such warranty. The provisions of this part 8 shall apply to those circumstances where an action is filed asserting one or more claims for relief including a claim for breach of warranty; except that, in any such action, section
13-20-806(7)
shall not apply to breach of express warranty claims except to the extent that provisions of the express warranty purport to waive or limit claims for relief other than the breach of express warranty claim. The provisions of this part 8 shall not be deemed to require a claimant who is the beneficiary of an express warranty to comply with the notice provisions of section
13-20-803.5
to request ordinary warranty service in accordance with the terms of such warranty. A claimant who requires warranty service shall comply with the provisions of such warranty.
L. 2003: Entire section added, p. 1363, § 5, effective April 25. L. 2007: Entire section amended, p. 611, § 3, effective April 20.
In 2007, this section was amended by the "Homeowner Protection Act of 2007". For the short title, see section 1 of chapter 164, Session Laws of Colorado 2007.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 9 - CLASS ACTIONS (§ 13-20-901) › Section 13-20-901 - Class actions - appellate review

(1)
A court of appeals may, in its discretion, permit an interlocutory appeal of a district court's order that grants or denies class action certification under court rule so long as application is made to the court of appeals within fourteen days after entry of the district court's order.
(2)
An appeal that is allowed under subsection (1) of this section shall not stay proceedings in the district court unless the district court or the court of appeals so orders. If a stay is ordered, all discovery and other proceedings shall be stayed during the pendency of an appeal taken pursuant to this section unless the court ordering the stay finds upon the motion of any party that specific discovery is necessary to preserve evidence or to prevent undue prejudice to such party.
Amended by 2014 Ch. 208,§ 2, eff. 7/1/2014.
L. 2003: Entire part added, p. 845, § 1, effective July 1. L. 2014: (1) amended, (HB 14-1347), ch. 208, p. 768, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 10 - INJURIES OCCURRING OUT OF STATE (§§ 13-20-1001 — 13-20-1004) › Section 13-20-1001 - Short title

This part 10 shall be known and may be cited as the "Colorado Citizens' Access to Colorado Courts Act".
L. 2004: Entire part added, p. 401, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 10 - INJURIES OCCURRING OUT OF STATE (§§ 13-20-1001 — 13-20-1004) › Section 13-20-1002 - Legislative declaration

(1)
The general assembly finds and declares:
(a)
The courts of this state are overworked and subject to overloaded dockets;
(b)
Section 6 of article II of the Colorado constitution guarantees citizens of this state access to the courts of this state; and
(c)
Cases filed by nonresidents of Colorado and having no meaningful relationship to this state are clogging the dockets of the courts and causing delays in cases filed by residents of Colorado.
(2)
The general assembly finds that the purposes of this part 10 are:
(a)
To ensure access of Colorado citizens to the courts of Colorado; and
(b)
To avoid burdening the courts of this state with cases involving injuries suffered outside of the state that may be resolved elsewhere.
L. 2004: Entire part added, p. 401, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 10 - INJURIES OCCURRING OUT OF STATE (§§ 13-20-1001 — 13-20-1004) › Section 13-20-1003 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
(a)
"Alternative forum" means a functioning governmental division with judicial powers that may provide redress for a claim, without regard to whether the redress provided is equivalent to the redress provided under Colorado law, and that may exercise jurisdiction over the parties.
(b)
An alternative forum shall still be an alternative forum if the statute of limitations for that forum has expired.
(2)
"Discovery" means the procedures described in chapter 4 of the Colorado rules of civil procedure.
(3)
"Resident" means a resident of the state of Colorado or a person who intends to return to Colorado despite establishing temporary residency elsewhere or despite a temporary absence from Colorado, without regard to the person's country of citizenship or national origin. "Resident" does not mean a person who adopts a residence in Colorado in whole or in part to avoid the application of this part 10.
L. 2004: Entire part added, p. 402, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 10 - INJURIES OCCURRING OUT OF STATE (§§ 13-20-1001 — 13-20-1004) › Section 13-20-1004 - Forum non conveniens

(1)
In any action otherwise properly filed in a court of this state, a motion to dismiss without prejudice under the doctrine of forum non conveniens shall be granted if:
(a)
The claimant or claimants named in the motion are not residents of the state of Colorado;
(b)
An alternative forum exists;
(c)
The injury or damage alleged to have been suffered occurred outside of the state of Colorado;
(d)
A substantial portion of the witnesses and evidence is outside of the state of Colorado; and
(e)
There is a significant possibility that Colorado law will not apply to some or all of the claims.
(2)
In any action otherwise properly filed in a court of this state, a motion to dismiss without prejudice under the doctrine of forum non conveniens may be granted if the court finds that the factor specified in paragraph (a) of subsection (1) of this section is present and that at least one or more but fewer than all of the factors specified in paragraphs (b) to (e) of subsection (1) of this section are present, and based upon such factors, the court finds that in the interest of judicial economy or for the convenience of the parties, a party's claim or action should be heard in a forum outside of Colorado.
(3)
In determining whether the factors specified in subsection (1) of this section are present, the court may consider evidence outside of the pleadings, but no formal discovery shall be permitted.
(4)
(a)
The court may set conditions for dismissing a claim or action under this section as the interests of justice may require.
(b)
If the statute of limitations in the alternative forum expires while the claim is pending in a court in Colorado, the court shall grant a dismissal under this section only if each defendant waives all defenses that the statute of limitation in the alternative forum has expired.
L. 2004: Entire part added, p. 402, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 12 - ACTIONS FOR SEXUAL MISCONDUCT AGAINST MINORS (§§ 13-20-1201 — 13-20-1207) › Section 13-20-1202 - Civil cause of action for sexual misconduct against a minor - exceptions

(1)
A person who is a victim of sexual misconduct that occurred when the victim was a minor may bring a civil action for damages against:
(a)
An actor who committed the sexual misconduct; and
(b)
A managing organization that knew or should have known that an actor or youth-related activity or program posed a risk of sexual misconduct against a minor and the sexual misconduct occurred while the victim was participating in the youth-related activity or program operated or managed by the organization.
(2)
The civil action described in this section is in addition to, and does not limit or affect, other actions available by statute or common law, before or after January 1, 2022, and must be pleaded as a separate claim for relief if a complaint also asserts a common law claim for relief.
Added by 2021 Ch. 442,§ 2, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 12 - ACTIONS FOR SEXUAL MISCONDUCT AGAINST MINORS (§§ 13-20-1201 — 13-20-1207) › Section 13-20-1203 - Limitation on action - retroactive application

(1)
Notwithstanding any other provision of law, a person who was the victim of sexual misconduct that occurred when the victim was a minor and that occurred on or after January 1, 2022, may bring an action pursuant to this part 12 at any time without limitation.
(2)
A person who was the victim of sexual misconduct that occurred when the victim was a minor and that occurred on or after January 1, 1960, but before January 1, 2022, may bring an action pursuant to this part 12. An action described in this subsection (2) must be commenced before January 1, 2025.
Added by 2021 Ch. 442,§ 2, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 12 - ACTIONS FOR SEXUAL MISCONDUCT AGAINST MINORS (§§ 13-20-1201 — 13-20-1207) › Section 13-20-1204 - Waiver of liability void

Any pre-incident waiver, either for consideration or gratuitously, of a person's right to bring an action pursuant to this part 12 is void as against public policy.
Added by 2021 Ch. 442,§ 2, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 12 - ACTIONS FOR SEXUAL MISCONDUCT AGAINST MINORS (§§ 13-20-1201 — 13-20-1207) › Section 13-20-1205 - No contributory negligence - interest on damages - limitation on damages

(1)
Notwithstanding sections
13-21-111
and
13-21-111.5
, a court or jury shall not allocate any damages awarded in an action brought pursuant to this part 12 in any proportion against a victim of sexual misconduct.
(2)
Notwithstanding section
13-21-101
, prejudgment interest on a claim brought pursuant to this part 12 does not begin to accrue until the plaintiff files the claim pursuant to section
13-20-1202
.
(3)
The maximum amount that may be recovered in a claim brought pursuant to this part 12 is:
(a)
For a claim brought against a public employee or public entity, as provided in section
13-20-1207
; and
(b)
For any other claim, five hundred thousand dollars; except that if the court finds by clear and convincing evidence that the defendant failed to take remedial action against a person or persons the defendant knew or should have known, based on information that, at the time of the incident, was in the defendant's possession or was publicly or readily available through commonly used practices, posed a risk of sexual misconduct to a minor and that the application of such limitation would be unfair, the court may award in excess of the limitation up to the amount of damages awarded by the jury. In no case shall the total amount awarded to a plaintiff exceed one million dollars.
Added by 2021 Ch. 442, §2, eff. 1/1/2022.
Entire part added, (SB 21-088), ch. 2926, p. 2926, § 2, effective 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 12 - ACTIONS FOR SEXUAL MISCONDUCT AGAINST MINORS (§§ 13-20-1201 — 13-20-1207) › Section 13-20-1206 - Attorney fees

Section 13-17-201, which requires an award of attorney fees to defendants in certain actions dismissed prior to trial, does not apply to an action brought pursuant to this part 12.
Added by 2021 Ch. 442, §2, eff. 1/1/2022.
Entire part added, (SB 21-088), ch. 2926, p. 2926, § 2, effective 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 12 - ACTIONS FOR SEXUAL MISCONDUCT AGAINST MINORS (§§ 13-20-1201 — 13-20-1207) › Section 13-20-1207 - Applicability of part to public entities and public employees - damages - no duty to indemnify

(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.
Added by 2021 Ch. 442, §2, eff. 1/1/2022.
Entire part added, (SB 21-088), ch. 2926, p. 2926, § 2, effective 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 13 - MISCELLANEOUS ACTIONS (§ 13-20-1301) › Section 13-20-1301 - [Effective 8/7/2024] Actions for tracking a person without consent - definitions

(1)
As used in this section, unless the context otherwise requires:
(a)
"Actor" means a person who tracks another person through the use of a tracking application or tracking device.
(b)
"Tracking application" means any software program that permits an actor to remotely determine or track the position or movement of another person or another person's property.
(c)
"Tracking device" means an electronic or mechanical device that permits an actor to remotely determine or track the position or movement of another person or another person's personal property.
(2)
(a)
A person who was tracked by means of a tracking device or tracking application may bring a claim for damages, including noneconomic loss or injury, against the actor who installed a tracking device on the person's personal property without the person's consent or who caused a tracking device or tracking application to track the position or movement of the person or person's personal property without the person's consent. An actor is liable to the extent the actor's conduct was the proximate cause of the harm caused by the tracking device or Tracking application.
(b)
A person who has given consent for an actor to install a tracking device or tracking application on the consenting person's personal property may revoke the consent at any time and may bring a claim pursuant to this section for tracking that occurred after the person revoked consent.
(3)
Notwithstanding subsection (2) of this section, a person shall not bring a claim against a law enforcement agency or peace officer for actions taken as part of a criminal investigation; a peace officer acting within the scope of the peace officer's official duties; a public highway authority, created pursuant to part 5 of article 4 of title 43, acting within the scope of its authority to collect tolls; the high performance transportation enterprise created in section 43-4-806 acting within the scope of its authority to collect tolls and enforce toll and safety violations; or a parent or legal guardian of a minor child for tracking the minor child.
Added by 2024 Ch. 402,§ 4, eff. 8/7/2024, app. to offenses committed and claims filed on or after 8/7/2024.
2024 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-103 - Damages for selling liquor to an intoxicated person

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 selling or giving away intoxicating liquors to any habitually intoxicated person or person with an alcohol use disorder, causes the intoxication, in whole or in part, of such habitually intoxicated person or person with an alcohol use disorder; and all damages recovered by a minor pursuant to this section must be paid either to the minor or to his or her parent, guardian, or next friend, as the court directs. The unlawful sale or giving away of intoxicating liquors works a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon the premises. Liability must not accrue against any such person as provided unless the husband, wife, child, parent, guardian, or employer first, by written or printed notice, has notified such person, or his or her agents or employees, not to sell or give away any intoxicating liquors to any habitually intoxicated person or person with an alcohol use disorder.
Amended by 2018 Ch. 35,§ 12, eff. 8/8/2018.
L. 1879: p. 92, § 1. G.S. § 1034. R.S. 08: § 2068. C.L. § 6308. CSA: C. 50, § 7. CRS 53: § 41-2-3. C.R.S. 1963: § 41-2-3. L. 2018: Entire section amended, (SB 18-091), ch. 35, p. 384, § 12, effective August 8.
(1) For provisions concerning the liability of persons who sell or serve alcoholic beverages to intoxicated persons or minors, see § 44-3-801. (2) For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-104 - Damages for using animal left for keeping

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 used and the additional sum of five dollars for each day such animal has been used, to be collected in the same manner as other debts.
R.S. p. 234, § 175. G.L. § 775. G.S. § 1035. R.S. 08: § 2069. C.L. § 6309. CSA: C. 50, § 8. CRS 53: § 41-2-4. C.R.S. 1963: § 41-2-4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-105 - Damages from fire set in woods or prairie - treble damages during drought conditions

(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 to drought has been declared by the governor at the time a person knowingly sets fire to any woods or prairie as described in subsection (1) of this section, such person may be held liable for treble damages to any injured party.
(b)
(I)
The provisions of paragraph (a) of this subsection (2) shall not apply to any open burning conducted in the course of agricultural operations or to any state, municipal, or county fire management operations.
(II)
Paragraph (a) of this subsection (2) does not apply to any other person seeking to conduct other prescribed or controlled fires such as grassland, forest, or habitat management activities, if such person has first obtained written authority from the director of the division of fire prevention and control in the department of public safety.
Amended by 2013 Ch. 249,§ 8, eff. 5/23/2013.
G.L. § 2150. G.S. § 1036. R.S. 08: § 2070. C.L. § 6310. CSA: C. 50, § 9. CRS 53: § 41-2-5. C.R.S. 1963: § 41-2-5. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 45, § 2, effective July 18. L. 2013: (2)(b)(II) amended, (SB 13-083), ch. 249, p.1308, § 8, effective May 23.
(1) For the criminal penalty for setting fire to woods or prairie, see § 18-13-109. (2) In 2013, subsection (2)(b)(II) was amended by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-106 - Broadcasting defamatory statements

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 visual or sound radio broadcast by one other than such owner, licensee, or operator, or agent or employee thereof, if, in any action brought to recover such damages, such owner, licensee, or operator, or agent or employee thereof, alleges and proves that he exercised due care to prevent the publication or utterance of such statement in such broadcast; except that, in no event shall any owner, licensee, or operator, or the agents or employees thereof, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network of stations by any candidate for public office or by any other person speaking for, or on behalf of, any candidate for public office where, by any federal law, rule, or regulation censorship of such political statements in advance of such utterance or publication is prohibited.
L. 47: p. 718, § 1. CSA: C. 138B, § 1. CRS 53: § 41-2-6. C.R.S. 1963: § 41-2-6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-106.5 - Civil damages for destruction or bodily injury caused by a bias-motivated crime

(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, organization, or association shall be civilly liable to the victim or a member of the victim's immediate family for the actual damages, costs, and expenses incurred in connection with said action. For purposes of this section, "immediate family" includes the victim's spouse and the victim's parent, sibling, or child who is living with the victim.
(2)
A conviction for a criminal bias-motivated crime pursuant to section
18-9-121
, C.R.S., shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section.
(3)
In any civil action brought pursuant to this section in which damages are assessed by a jury, upon proof of the knowledge and intent described in section
18-9-121(2)
, C.R.S., in addition to the actual damages, the jury may award punitive damages. Said punitive damages shall not be subject to the limitations in section
13-21-102
or section
13-21-102.5
.
L. 91: Entire section added, p. 350, § 1, effective April 19. L. 2006: Entire section amended, p. 1492, § 20, effective June 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-106.7 - Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility

(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 section
18-9-122(2)
, C.R.S.
(2)
A conviction for criminal obstruction of passage to or from a health-care facility pursuant to section
18-9-122
, C.R.S., shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section.
L. 93: Entire section added, p. 401, § 2, effective April 19.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-107 - Damages for destruction or bodily injury caused by minors

(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 exceed three thousand five hundred dollars in a court of competent jurisdiction from the parents of each minor under the age of eighteen years, living with such parents, who maliciously or willfully damages or destroys property, real, personal, or mixed, belonging to the state, or to any such county, city, town, or other political subdivision of the state, or to any such person, partnership, corporation, association, or religious organization or who maliciously or willfully damages or destroys any such property belonging to or used by such school district. The recovery shall be the actual damages in an amount not to exceed three thousand five hundred dollars, in addition to court costs and reasonable attorney fees.
(2)
Any person is entitled to recover damages in an amount not to exceed three thousand five hundred dollars in a court of competent jurisdiction from the parents of each minor under the age of eighteen years, living with such parents, who knowingly causes bodily injury to that person, including bodily injury occurring on property belonging to or used by a school district. The recovery shall be the actual damages in an amount not to exceed three thousand five hundred dollars, in addition to court costs and reasonable attorney fees.
L. 59: p. 376, § 1. CRS 53: § 41-2-7. C.R.S. 1963: § 41-2-7. L. 69: p. 331, § 1. L. 77: Entire section amended, p. 802, § 1, effective July 1. L. 79: Entire section amended, p. 766, § 1, effective July 1. L. 83: Entire section amended, p. 617, § 1, effective April 12; entire section amended, p. 618, § 1, effective July 1. L. 84: (1) amended, p. 1117, § 7, effective June 7.
For restitution by delinquent children under the "Colorado Children's Code", see § 19-2-918.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-107.5 - Civil damages for loss caused by theft

(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 and are no longer under a duty to support or maintain such individual.
(b)
"Mercantile establishment" means any place where merchandise is displayed, held, or offered for sale either at retail or at wholesale.
(c)
"Merchandise" means all things movable and capable of manual delivery and offered for sale either at retail or wholesale.
(2)
An adult or an emancipated minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars.
(3)
The parents or guardian having custody of or parental responsibilities with respect to an unemancipated minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars.
(4)
Notwithstanding the provisions of subsections (2) and (3) of this section, any person who, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars.
(5)
A conviction for theft pursuant to part 4 of article
4
of title
18
, C.R.S., shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section.
(6)
Civil liability pursuant to the provisions of this section shall not be subject to the limitations on liability in section
13-21-107
or any other law that limits the liability of parents of an unemancipated minor for damages caused by such unemancipated minor.
L. 85: Entire section added, p. 573, § 1, effective July 1. L. 98: (1)(a) and (3) amended, p. 1393, § 27, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 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

(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 voluntarily and without compensation provides architectural, damage assessment, engineering, or surveying services, respectively, at the scene of an emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss caused by an act or omission of the architect, building code official, engineer, or surveyor in performing such services.
(2)
As used in this section, unless the context otherwise requires:
(a)
"Building code official" means an individual maintaining a building inspector, building code official, or certified building official certification in good standing by the international code council or similar association of building code officials.
(b)
"Emergency" means a disaster emergency declared by executive order or proclamation of the governor pursuant to section
24-33.5-704(4)
, C.R.S.
(3)
The immunity provided in subsection (1) of this section applies only to an architectural, damage assessment, or engineering service that:
(a)
Concerns an identified building, structure, or other architectural or engineering system, whether publicly or privately owned;
(b)
Relates to the structural integrity of the building, structure, or system or to a nonstructural element thereof affecting life safety; and
(c)
Is rendered during the time in which a state of disaster emergency exists, as provided in section
24-33.5-704(4)
, C.R.S.
(4)
Nothing in this section shall provide immunity for gross negligence or willful misconduct.
(5)
Nothing in this section shall be construed to abrogate any provision of the "Colorado Governmental Immunity Act", provided in article
10
of title
24
, C.R.S.
Amended by 2019 Ch. 136,§ 68, eff. 10/1/2019.
Amended by 2013 Ch. 316,§ 32, eff. 8/7/2013.
L. 98: Entire section added, p. 236, § 1, effective July 1. L. 2006: (1) amended, p. 762, § 20, effective July 1. L. 2009: Entire section amended, (HB 09-1080), ch. 149, p. 149, § 1, effective March 20. L. 2013: (2)(b) and (3)(c) amended, (HB 13-1300), ch. 1674, p. 1674, § 32, effective August 7. L. 2019: (1) amended, (HB 19-1172), ch. 1663, p. 1663, § 68, effective October 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-108.5 - Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability

(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 individuals and organizations to lend assistance by providing them with limited immunity from civil liability.
(2)
As used in this section:
(a)
"Discharge" includes any spill, leakage, seepage, or other release.
(b)
"Hazardous material" includes any material or substance which is designated or defined as hazardous by state or federal law or regulation.
(c)
"Person" means individual, government or governmental subdivision or agency, corporation, partnership, or association or any other legal entity.
(3)
(a)
Notwithstanding any provision of law to the contrary, any person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up, or dispose of any such discharge, shall not be subject to civil liability for such assistance or advice, except as provided in subsection (4) of this section.
(b)
Notwithstanding any provision of law to the contrary, any person who provides assistance upon request of any police agency, fire department, rescue or emergency squad, or governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of hazardous material, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance, except as provided in subsection (4) of this section.
(4)
The exemption from civil liability provided for in this section shall not apply to:
(a)
Any person whose act or omission caused in whole or in part such discharge and who would otherwise be liable therefor;
(b)
Any person other than the employee of a governmental subdivision or agency who receives compensation other than reimbursement for out-of-pocket expenses for his assistance or advice;
(c)
Any person's gross negligence or reckless, wanton, or intentional misconduct.
(5)
Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to article
10
of title
24
, C.R.S., the "Colorado Governmental Immunity Act".
L. 83: Entire section added, p. 622, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 1 - GENERAL PROVISIONS (§§ 13-21-101 — 13-21-133) › Section 13-21-108.8 - [Effective until 8/7/2024] Persons furnishing a non-laboratory synthetic opiate detection test - limited immunity - definition

(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, including an expired non-laboratory synthetic opiate detection test, to another person is not liable for any civil damages for acts, omissions made as a result of the act, or for any act or omission made if the non-laboratory synthetic opiate detection test is stolen, defective, or produces an inaccurate result.
(2)
A manufacturer, as defined in section
13-21-401 (1)
, of non-laboratory synthetic opiate detection tests is not immune from liability as described in subsection (1) of this section.
(3)
For purposes of this section, "non-laboratory synthetic opiate detection test" means a product that is intended or designed to detect the presence of a synthetic opiate.
Added by 2022 Ch. 225, §14, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.