C.R.S. 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.

Source: Section 13-20-1205 — No contributory negligence - interest on damages - limitation on damages, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑20‑101
What actions survive 13‑20‑102
Effect of repeal 13‑20‑201
Legislative declaration 13‑20‑202
Civil causes abolished 13‑20‑203
Breach of contract to marry not actionable 13‑20‑204
Certain contracts made in settlement of claims void 13‑20‑205
Unlawful to file pleading 13‑20‑206
Unlawful to name corespondent 13‑20‑207
Corespondent not to be disclosed - cross-examination - effect 13‑20‑208
Penalty for violations 13‑20‑401
Definitions 13‑20‑402
Physician to provide information for written informed consent 13‑20‑403
Restrictions on electroconvulsive treatment - rights of minors 13‑20‑601
Legislative declaration 13‑20‑602
Actions against licensed professionals and acupuncturists - certificate of review required 13‑20‑701
Legislative declaration 13‑20‑702
Definitions 13‑20‑703
Environmental third-party liability - ownership 13‑20‑801
Short title 13‑20‑802
Legislative declaration 13‑20‑802.5
Definitions 13‑20‑803
List of defects required 13‑20‑803.5
Notice of claim process 13‑20‑804
Restriction on construction defect negligence claims 13‑20‑805
Tolling of statutes of limitation 13‑20‑806
Limitation of damages 13‑20‑807
Express warranty - not affected 13‑20‑808
Insurance policies issued to construction professionals 13‑20‑901
Class actions - appellate review 13‑20‑1001
Short title 13‑20‑1002
Legislative declaration 13‑20‑1003
Definitions 13‑20‑1004
Forum non conveniens 13‑20‑1101
Action involving exercise of constitutional rights - motion to dismiss - appeal - legislative declaration - definitions 13‑20‑1201
Definitions 13‑20‑1202
Civil cause of action for sexual misconduct against a minor - exceptions 13‑20‑1203
Limitation on action - retroactive application 13‑20‑1204
Waiver of liability void 13‑20‑1205
No contributory negligence - interest on damages - limitation on damages 13‑20‑1206
Attorney fees 13‑20‑1207
Applicability of part to public entities and public employees - damages - no duty to indemnify
Green check means up to date. Up to date

Current through Fall 2024

§ 13-20-1205’s source at colorado​.gov