reglab/statecodes huggingface dataset:
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 8/7/2024] Persons furnishing a non-laboratory synthetic opiate detection test or a non-laboratory additive detection test - limited immunity - definitions

(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 non-laboratory additive 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 or non-laboratory additive 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 or non-laboratory additive detection tests is not immune from liability as described in subsection (1) of this section.
(3)
For purposes of this section, unless the context otherwise requires:
(a)
"Non-laboratory additive detection test" means a product that is intended or designed to detect the presence of an additive to a synthetic opiate or an immediate precursor to a synthetic opiate.
(b)
"Non-laboratory synthetic opiate detection test" means a product that is intended or designed to detect the presence of a synthetic opiate.
Amended by 2024 Ch. 121,§ 7, eff. 8/7/2024.
Added by 2022 Ch. 225, §14, eff. 7/1/2022.
2024 Ch. 121, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 13-21-109.5 - Recovery of damages for fraudulent use of social security numbers

(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 said individual's identity.
(2)
Any individual aggrieved by the act of any person in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction to recover:
(a)
Such preliminary and equitable relief as the court determines to be appropriate; and
(b)
The greater of:
(I)
Actual damages; or
(II)
Liquidated damages of up to ten thousand dollars.
(3)
In addition to any damages and other relief awarded pursuant to subsection (2) of this section, if the aggrieved individual prevails, the court may assess against the defendant reasonable attorney fees and any other litigation costs and expenses, including expert fees, reasonably incurred by the aggrieved individual.
(4)
Any action brought pursuant to this section shall be in addition to, and not in lieu of, any criminal prosecution that may be brought under any state or federal law.
L. 98: Entire section added, p. 134, § 1, effective August 5.
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 13-21-110 - Medical committee - privileged communication - limitation on liability

(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 the proper functions of the committee. It shall not be a violation of a privileged communication for any physician, dentist, podiatrist, hospital, or other health-care facility or person to furnish information, data, reports, or records to any such utilization review committee concerning any patient examined or treated by the same or confined in such hospital or facility, which information, data, reports, or records relate to the proper functions of the utilization review committee. No member of such a committee shall be liable for damages to or for any such patient by reason of recommendations made by the committee in the exercise of the proper function of the committee, except for willful or reckless disregard of the patient's safety.
(2)
As used in this section, "utilization review committee" means a committee established for the purpose of evaluating the quantity, quality, and timeliness of health- care services rendered under the "Colorado Medical Assistance Act" and in compliance with Titles XVIII and XIX of the federal "Social Security Act", as amended.
(3)
The privilege created by subsection (1) of this section shall not prevent any such information, data, reports, or records which have been made available to a utilization review committee from being admitted in evidence or otherwise made available for use in the review process referred to in section
13-90-107(1)(d)(III) and (1)(d)(IV)
.
L. 70: p. 161, § 1. C.R.S. 1963: § 41-2-10. L. 76: (3) added, p. 525, § 1, effective July 1. L. 2007: (2) amended, p. 2025, § 25, effective June 1.
For the Colorado Medical Assistance Act, see article 4 of title 25.5.
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 13-21-111 - Negligence cases - comparative negligence as measure of damages

(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 recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.
(2)
In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state:
(a)
The amount of the damages which would have been recoverable if there had been no contributory negligence; and
(b)
The degree of negligence of each party, expressed as a percentage.
(3)
Upon the making of the finding of fact or the return of a special verdict, as is required by subsection (2) of this section, the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made; but, if the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant.
(3.5) and (4)
Repealed.
L. 71: p. 496, § 1. C.R.S. 1963: § 41-2-14. L. 75: (4) added, p. 570, § 1, effective July 1. L. 85: (3.5) added, p. 575, § 1, effective July 1. L. 86: (3.5) repealed, p. 682, § 6, effective July 1; (4) repealed, p. 679, § 5, effective July 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 13-21-111.6 - Civil actions - reduction of damages for payment from collateral source

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 verdict by the amount by which such person, his estate, or his personal representative has been or will be wholly or partially indemnified or compensated for his loss by any other person, corporation, insurance company, or fund in relation to the injury, damage, or death sustained; except that the verdict shall not be reduced by the amount by which such person, his estate, or his personal representative has been or will be wholly or partially indemnified or compensated by a benefit paid as a result of a contract entered into and paid for by or on behalf of such person. The court shall enter judgment on such reduced amount.
L. 86: Entire section added, p. 679, § 3, effective July 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 13-21-111.7 - Assumption of risk - consideration by trier of fact

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 damage with knowledge or appreciation of the danger and risk involved. In any trial to a jury in which the defense of assumption of risk is an issue for determination by the jury, the court shall instruct the jury on the elements as described in this section.
L. 86: Entire section added, p. 679, § 3, effective July 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 13-21-111.8 - Assumption of risk - shooting ranges

(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 this section, "engages in sport shooting activities" means entering and exiting a qualifying sport shooting range, preparing to shoot, waiting to shoot, shooting, or assisting another person in shooting at a qualifying sport shooting range. The term includes being a spectator at a qualifying sport shooting range and being present in the range for any reason.
L. 98: Entire section added, p. 242, § 2, effective April 13.
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 13-21-112 - Ad damnum clauses in professional liability actions

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 court.
L. 77: Entire section added, p. 803, § 1, effective May 26.
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 13-21-113.3 - Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration

(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 such equipment; except that this exemption shall not apply to the grossly negligent, willful, wanton, or reckless acts of donors that result in injury to recipients of such equipment.
(2)
As used in this section:
(a)
"Fire department" has the meaning set forth in section
24-33.5-1202
, C.R.S., and includes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, not-for-profit nongovernmental entities that are organized to provide firefighting services and recognized under section
24-33.5-1208.5
, C.R.S.
(b)
"Firefighting equipment" means any and all equipment designed for or typically used in the prevention and suppression of fire, the protection of firefighters, or the rescue and extrication of victims of fire or other emergencies, including without limitation hoses, fire trucks, rescue vehicles, extrication equipment, protective clothing, and breathing apparatus.
(3)
A fire department that receives donated firefighting equipment pursuant to this section shall not sell or offer to sell any such donated equipment. This prohibition shall not affect the transfer of such donated equipment, without contemplation of remuneration, between fire departments for future use.
(4)
Nothing in this section limits the authority of any appropriate agency to regulate, prohibit, or place conditions on the use of specific firefighting equipment.
(5)
The general assembly intends that the provisions of this section and of the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S., be read together and harmonized. If any provision of this section is construed to conflict with a provision of the "Colorado Governmental Immunity Act", the provision that grants the greatest immunity shall prevail.
Amended by 2015 Ch. 3,§ 4, eff. 3/11/2015.
L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, §2, effective June 3. L. 2015: (2)(a) amended, (HB 15-1017), ch. 3, p. 7, § 4, effective March 11.
In 2009, this section was added by the "Marc Mullinex Volunteer Firefighter Protection Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 413, Session Laws of Colorado 2009.
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 13-21-113.5 - Use of school or nonprofit organization kitchen - exemption from civil and criminal liability

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 any criminal proceeding resulting from the use of its kitchens by producers preparing goods for direct sale to consumers, unless the school or nonprofit organization acted unreasonably. A school or nonprofit organization may require anyone using its kitchens for this purpose to show proof of liability insurance before using the kitchen. This section does not apply to an injury or death of the ultimate user of the product that results from an act or omission of the school or nonprofit organization constituting gross negligence or intentional misconduct.
L. 2012: Entire section added, (SB 12-048), ch. 16, p. 41, § 3, effective March 15.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 16, Session Laws of Colorado 2012.
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 13-21-114 - Immunity of mine rescue participants and their employers or organizations

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, assistance, or recovery services shall be liable for any civil damages as a result of any act or omission by any person in rendering emergency care, rescue, assistance, or recovery service.
L. 82: Entire section added, p. 293, § 1, effective April 23.
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 13-21-115.6 - Immunity from civil liability for school crossing guards and sponsors

(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" means any governmental agency or subdivision, including but not limited to any county, city, city and county, town, or school district, and any individual, volunteer group, club, or nonprofit corporation that sponsors, organizes, or provides for school crossing guards.
(2)
Any school crossing guard and any school crossing guard sponsor shall be immune from civil liability for any act or omission that results in damage or injury if the school crossing guard was acting within the scope of such person's official functions and duties as a school crossing guard unless the damage or injury was caused by a willful and wanton act or omission of the school crossing guard.
(3)
Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S.
L. 96: Entire section added, p. 1593, § 1, effective June 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 13-21-115.7 - Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations

(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 exempt organization in section 501(c)(2), (3), (4), (5), (6), (7), (8), (11), or (19) of the federal "Internal Revenue Code of 1986",
26 U.S.C. sec. 501(c)
, as amended. The term includes a not-for-profit corporation. The term includes a public hospital certified pursuant to section
25-1.5-103(1)(a)
, C.R.S.
(b)
"Nonprofit organization" means any organization 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 exempt organization in section 501(c)(2), (3), (4), (5), (6), (7), (8), (11), or (19) of the federal "Internal Revenue Code of 1986",
26 U.S.C. sec. 501(c)
, as amended.
(2)
In addition to the provisions of section
13-21-116(2)(b)
, on and after April 23, 1992, any person who serves as a director, officer, or trustee of a nonprofit corporation or nonprofit organization and who is not compensated for serving as a director, officer, or trustee on a salary or prorated equivalent basis shall be immune from civil liability for any act or omission which results in damage or injury if such person was acting within the scope of such person's official functions and duties as a director, officer, or trustee unless such damage or injury was caused by the willful and wanton act or omission of such director, officer, or trustee.
(3)
Nothing in this section shall be construed to establish, diminish, or abrogate any duties that a director, officer, or trustee of a nonprofit corporation or nonprofit organization has to the nonprofit corporation or nonprofit organization for which the director, officer, or trustee serves.
(4)
For purposes of this section, a director, officer, or trustee shall not be considered compensated solely by reason of:
(a)
The payment of such person's actual expenses incurred in attending meetings or in executing such office;
(b)
The receipt of meals at meetings; or
(c)
The receipt of gifts up to but not exceeding a total value of one thousand dollars in any twelve consecutive months.
(5)
The individual immunity granted by subsection (2) of this section shall not extend to any act or omission of such director, officer, or trustee which results in damage or injury caused by such director, officer, or trustee during the operation of any motor vehicle, airplane, or boat.
L. 92: Entire section added, p. 296, § 2, effective April 23. L. 2003: (1)(a) amended, p. 703, § 21, effective July 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 13-21-117.7 - Civil actions against family foster care providers - limited liability

(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 such foster care provider's acts or omissions were a cause of injuries, damages, or losses.
(2)
If a plaintiff in a civil liability action described in subsection (1) of this section is a biological or adoptive parent or other relative of the foster child and such plaintiff is successful against the foster care provider for any actions or omissions regarding foster care, any monetary compensation received by the plaintiff as a result of the civil action shall be deposited in a trust account at a federally licensed and insured financial institution to be held in trust for the benefit of the foster care child. The amount so deposited shall be subject to the jurisdiction and oversight of the court having probate jurisdiction.
(3)
For purposes of this section, "foster care provider" means a foster care parent or a family member living in a foster care home who provides care to one or more foster children in that home.
L. 2000: Entire section added, p. 1403, § 1, effective May 30.
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 13-21-118 - Actions based on flight in aircraft

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.
L. 88: Entire section added, p. 1094, § 12, effective 1/1/1989.
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 13-21-122 - Civil liability for unlawful use of personal identifying information

(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 of action against the perpetrator who committed the crime, regardless of whether the perpetrator was convicted of the crime. In such action, the plaintiff shall be entitled to actual damages, including, but not limited to damage to reputation or credit rating, punitive damages, and attorney fees and costs.
(2)
For purposes of this section, "personal identifying information" means any information that may be used, alone or in conjunction with any other information, to identify a specific individual, including but not limited to: Name; date of birth; social security number; personal identification number; password; pass code; official state-issued or government-issued driver's license or identification card number; government passport number; biometric data; employer, student, or military identification number; or financial transaction device as defined in section
18-5-701(3)
, C.R.S.
L. 2004: Entire section added, p. 658, § 2, effective July 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 13-21-122.5 - Civil liability for trading in telephone records

(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 perpetrator was convicted of the crime. In such action, the plaintiff shall be entitled to actual damages, including, but not limited to, damage to reputation or credit rating, punitive damages, and attorney fees and costs. If such damages are less than five thousand dollars per telephone record, the plaintiff shall be entitled to statutory damages of five thousand dollars per telephone record procured, bought, sold, possessed, or received in violation of section
18-13-125
, C.R.S.
(2)
No telecommunications provider shall be liable for damages in a claim based, in whole or in part, on acts of third parties that violate section
18-13-125
, C.R.S.
(3)
This section shall not be construed to create a new duty or expand the existing duty of a telecommunications provider to protect telephone records beyond those otherwise established by Colorado law, any other state law, or federal law, including, without limitation, the rules promulgated by the federal communications commission.
(4)
This section shall not apply to a telecommunications provider or its agents or representatives who reasonably and in good faith act pursuant to Colorado law, any other state law, or federal law, including, without limitation, the rules promulgated by the federal communications commission, notwithstanding a later determination that the act was not authorized by such law.
L. 2006: Entire section added, p. 586, § 2, effective July 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 13-21-123 - [Repealed]

Repealed by 2013 Ch. 373,§7, eff. 6/5/2013.
Amended by 2013 Ch. 7,§3, eff. 8/7/2013.
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.
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 13-21-125 - Civil actions for theft in the mortgage lending process

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 convicted of the crime. A claim arising under this section shall not be asserted against a bona fide purchaser of a mortgage contract.
L. 2006: Entire section added, p. 1328, § 3, effective July 1.
For the legislative declaration contained in the 2006 act enacting this section, see section 1 of chapter 290, Session Laws of Colorado 2006.
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 13-21-127 - Civil damages for human trafficking and involuntary servitude

(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 for sexual servitude, as described in section
18-3-504
, C.R.S.
(2)
A conviction for human trafficking for involuntary servitude, as described in section
18-3-503
, C.R.S., or human trafficking for sexual servitude, as described in section
18-3-504
, C.R.S., is not a condition precedent to maintaining a civil action pursuant to the provisions of this section.
Amended by 2014 Ch. 282,§ 7, eff. 7/1/2014.
L. 2012: Entire section added, (HB 12-1151), ch. 174, p. 621, § 2, effective August 8. L. 2014: Entire section amended, (HB 14-1273), ch. 282, p. 1152, § 7, effective July 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 13-21-130 - Civil liability for false statement to recover possession of real property

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, attorney fees, and costs.
Added by 2018 Ch. 393,§ 3, eff. 7/1/2018.
L. 2018: Entire section added, (SB 18-015), ch. 393, p. 2350, § 3, effective July 1.
For the short title "Protecting Homeowners and Deployed Military Personnel Act" in SB 18-015, see section 1 of chapter 393, 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 13-21-132 - Civil liability for misuse of gametes - definitions

(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;
(II)
Donation of eggs or sperm;
(III)
Donation of embryos;
(IV)
In vitro fertilization and embryo transfer; and
(V)
Intracytoplasmic sperm injection.
(b)
"Donor" means an individual who expressly provides consent to provide donated eggs, sperm, or embryos for a patient for assisted reproduction.
(c)
"Gametes" means one or more cells containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. Sperm and eggs are gametes. A gamete may consist of nuclear DNA from one human being combined with the cytoplasm, including cytoplasmic DNA, of another human being.
(d)
"Health care provider" means any individual who is authorized to practice some component of the healing arts by license, certificate, or registration pursuant to title 12.
(2)
Any of the following may bring an action against a health care provider who, in the course of performing or assisting an assisted reproduction procedure on a patient, knowingly uses gametes from a donor that the patient did not expressly consent to the use of that donor's gametes:
(a)
A patient who gives birth to a child after being treated through assisted reproduction by the health care provider;
(b)
A spouse or partner of a patient described in subsection (2)(a) of this section;
(c)
A surviving spouse or partner of a patient described in subsection (2)(a) of this section; or
(d)
A child born as a result of the actions of the health care provider.
(3)
A plaintiff who prevails in an action pursuant to this section is entitled to reasonable attorney fees and either:
(a)
All damages reasonably necessary to compensate the plaintiff for any injuries suffered as a result of the health care provider's actions, including but not limited to emotional or mental distress; or
(b)
Liquidated damages of fifty thousand dollars.
(4)
A person who brings an action pursuant to subsection (2) of this section has a separate cause of action for each child born as the result of the assisted reproduction procedure.
(5)
Nothing in this section prohibits a person from pursuing any other remedy provided by law.
Added by 2020 Ch. 238,§ 1, eff. 9/14/2020.
Section 7(2) of chapter 238 (HB 20-1014), Session Laws of Colorado 2020, provides that the act adding this section applies to causes of action arising or offenses committed on or after September 14, 2020.
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 13-21-133 - Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment

(1)
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
12-30-121 (1)(d)
, or for providing insurance coverage for gender-affirming health-care services, as defined in section
12-30-121 (1)(c)
, or reproductive health care, as defined in section
25-6-402 (4)
.
(2)
A court shall not apply another state's law as described in subsection (1) of this section to a case or controversy heard in a Colorado court.
(3)
In any action filed to enforce a foreign judgment issued in connection with any litigation concerning a legally protected health-care activity, as defined in section
12-30-121 (1)(d)
, the court shall not give any force or effect to any judgment issued without personal jurisdiction or due process or to any judgment that is penal in nature.
Added by 2023 Ch. 68,§ 7, eff. 4/14/2023.
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 2 - DAMAGES FOR DEATH BY NEGLIGENCE (§§ 13-21-201 — 13-21-204) › Section 13-21-202 - Action notwithstanding death

When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured.
G.L. § 878. G.S. § 1031. R.S. 08: § 2057. C.L. § 6303. CSA: C. 50, § 2. CRS 53: § 41-1-2. C.R.S. 1963: § 41-1-2.
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 2 - DAMAGES FOR DEATH BY NEGLIGENCE (§§ 13-21-201 — 13-21-204) › Section 13-21-203.5 - Alternative means of establishing damages - solatium amount

In a case arising under section
13-21-202
, the persons entitled to sue under section
13-21-201(1)
may elect in writing to sue for and recover a solatium in the amount of fifty thousand dollars. The solatium amount is in addition to economic damages and to reasonable final disposition expenses, which expenses may also be recovered in an action under this section. The solatium amount is in lieu of noneconomic damages recoverable under section
13-21-203
and is awarded upon a finding or admission of the defendant's liability for the wrongful death.
Amended by 2021 Ch. 123,§ 11, eff. 9/7/2021.
L. 89: Entire section added, p. 753, § 3, effective July 1.
Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.
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 2 - DAMAGES FOR DEATH BY NEGLIGENCE (§§ 13-21-201 — 13-21-204) › Section 13-21-203.7 - [Effective Until 1/1/2025] Adjustments of dollar limitations for effects of inflation

(1)
The limitations on noneconomic damages set forth in section
13-21-203 (1)(a)
and the amount of the solatium set forth in section
13-21-203.5
must be adjusted for inflation as of January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter. The adjustments made on January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitations in sections
13-21-203 (1)(a)
and
13-21-203.5
. The adjustments made pursuant to this subsection (1) must be rounded upward or downward to the nearest ten-dollar increment.
(2)
As used in this section, "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.
(3)
The secretary of state shall certify the adjusted limitation on damages within fourteen days after the appropriate information is available, and:
(a)
The adjusted limitation on damages is applicable to all claims for relief that accrue on or after January 1, 1998, and before January 1, 2008;
(b)
The adjusted limitation on damages as of January 1, 2008, is applicable to all claims for relief that accrue on and after January 1, 2008, and before January 1, 2020; and
(c)
The adjusted limitation on damages as of January 1, 2020, and each January 1 every two years thereafter is applicable to all claims for relief that accrue on and after the specified January 1 and before the January 1 two years thereafter.
Amended by 2019 Ch. 83, §3, eff. 8/2/2019.
L. 97: Entire section added, p. 923, § 5, effective August 6. L. 2007: (1) and (3) amended, p. 330, § 4, effective July 1. L. 2019: (1) and (3) amended, (SB 19 -109), ch. 296, p. 296, §3, effective August 2.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 2 - DAMAGES FOR DEATH BY NEGLIGENCE (§§ 13-21-201 — 13-21-204) › Section 13-21-204 - Limitation of actions

All actions provided for by this part 2 shall be brought within the time period prescribed in section
13-80-102
.
G.L. § 880. G.S. § 1033. R.S. 08: § 2059. C.L. § 6305. CSA: C. 50, § 4. CRS 53: § 41-1-4. C.R.S. 1963: § 41-1-4. L. 79: Entire section amended, p. 615, § 1, effective June 7. L. 86: Entire section amended, p. 704, § 13, effective July 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 3 - SETTLEMENTS, RELEASES, AND STATEMENTS (§ 13-21-301) › Section 13-21-301 - Settlements, releases, and statements of injured persons

(1)
If a person is injured as a result of an occurrence which might give rise to liability and said person is a patient under the care of a practitioner of the healing arts or is hospitalized, no person or agent of any person whose interest is adverse to the injured person shall:
(a)
Within thirty days after the date of the occurrence causing the injury, negotiate or attempt to negotiate a settlement with the injured patient;
(b)
Within thirty days after the date of the occurrence causing the injury, obtain or attempt to obtain a general release of liability from the injured patient; or
(c)
Within fifteen days after the date of the occurrence causing the injury, obtain or attempt to obtain any statement, either written, oral, recorded, or otherwise, from the injured patient for use in negotiating a settlement or obtaining a release except as provided by the Colorado rules of civil procedure.
(2)
Any settlement agreement entered into or any general release of liability given by the injured patient in violation of this section shall be void. Any statement, written, oral, recorded, or otherwise, which is given by the injured party in violation of this section may not be used in evidence against the interest of the injured party in any civil action relating to the injury.
(3)
Nothing in this section shall preclude the taking of statements by peace officers, as defined in section
24-31-301 (5)
, C.R.S., acting in their official capacity in the ordinary course of their employment, and nothing shall preclude the use of such statements for any purpose permitted by statute or rule of court applying to the admission of evidence.
L. 75: Entire part added, p. 571, § 1, effective July 1. L. 83: (3) amended, p. 962, § 5, effective 7/1/1984. L. 92: (3) amended, p. 1097, § 4, effective March 6. L. 96: (1) amended, p. 1137, § 2, effective July 1.
For the legislative declaration contained in the 1992 act amending subsection (3), see section 12 of chapter 167, Session Laws of Colorado 1992.
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 4 - PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS (§§ 13-21-401 — 13-21-406) › Section 13-21-401 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Manufacturer" means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a product prior to the sale of the product to a user or consumer. The term includes any seller who has actual knowledge of a defect in a product or a seller of a product who creates and furnishes a manufacturer with specifications relevant to the alleged defect for producing the product or who otherwise exercises some significant control over all or a portion of the manufacturing process or who alters or modifies a product in any significant manner after the product comes into his possession and before it is sold to the ultimate user or consumer. The term also includes any seller of a product who is owned in whole or significant part by the manufacturer or who owns, in whole or significant part, the manufacturer. A seller not otherwise a manufacturer shall not be deemed to be a manufacturer merely because he places or has placed a private label on a product if he did not otherwise specify how the product shall be produced or control, in some significant manner, the manufacturing process of the product and the seller discloses who the actual manufacturer is.
(2)
"Product liability action" means any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product.
(3)
"Seller" means any individual or entity, including a manufacturer, wholesaler, distributor, or retailer, who is engaged in the business of selling or leasing any product for resale, use, or consumption.
L. 77: Entire part added, p. 820, § 2, effective July 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 4 - PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS (§§ 13-21-401 — 13-21-406) › Section 13-21-402 - Innocent seller

(1)
No product liability action shall be commenced or maintained against any seller of a product unless said seller is also the manufacturer of said product or the manufacturer of the part thereof giving rise to the product liability action. Nothing in this part 4 shall be construed to limit any other action from being brought against any seller of a product.
(2)
If jurisdiction cannot be obtained over a particular manufacturer of a product or a part of a product alleged to be defective, then that manufacturer's principal distributor or seller over whom jurisdiction can be obtained shall be deemed, for the purposes of this section, the manufacturer of the product.
L. 77: Entire part added, p. 820, § 2, effective July 1. L. 2003: (1) amended, p. 1289, § 1, effective September 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 4 - PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS (§§ 13-21-401 — 13-21-406) › Section 13-21-402.5 - Product misuse

A product liability action may not be commenced or maintained against a manufacturer or seller of a product that caused injury, death, or property damage if, at the time the injury, death, or property damage occurred, the product was used in a manner or for a purpose other than that which was intended and which could not reasonably have been expected, and such misuse of the product was a cause of the injury, death, or property damage.
L. 2003: Entire section added, p. 1289, § 2, effective September 1.