C.R.S. Section 13-21-102.5
Limitations on damages for noneconomic loss or injury

(1)

The general assembly finds, determines, and declares that awards in civil actions for noneconomic losses or injuries often unduly burden the economic, commercial, and personal welfare of persons in this state; therefore, for the protection of the public peace, health, and welfare, the general assembly enacts this section placing monetary limitations on such damages for noneconomic losses or injuries.

(2)

As used in this section:

(a)

“Derivative noneconomic loss or injury” means nonpecuniary harm or emotional stress to persons other than the person suffering the direct or primary loss or injury.

(b)

“Noneconomic loss or injury” means nonpecuniary harm for which damages are recoverable by the person suffering the direct or primary loss or injury, including pain and suffering, inconvenience, emotional stress, and impairment of the quality of life. “Noneconomic loss or injury” includes a damage recovery for nonpecuniary harm for actions brought under section 13-21-201 or 13-21-202.

(3)

Intentionally left blank —Ed.

(a)

In any civil action other than medical malpractice actions in which damages for noneconomic loss or injury may be awarded, the total of such damages shall not exceed the sum of two hundred fifty thousand dollars, unless the court finds justification by clear and convincing evidence therefor. In no case shall the amount of noneconomic loss or injury damages exceed five hundred thousand dollars. The damages for noneconomic loss or injury in a medical malpractice action shall not exceed the limitations on noneconomic loss or injury specified in section 13-64-302.

(b)

In any civil action, no damages for derivative noneconomic loss or injury may be awarded unless the court finds justification by clear and convincing evidence therefor. In no case shall the amount of such damages exceed two hundred fifty thousand dollars.

(c)

Intentionally left blank —Ed.

(I)

The limitations on damages set forth in subsections (3)(a) and (3)(b) of this section 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 subsections (3)(a) and (3)(b) of this section. The adjustments made pursuant to this subsection (3)(c)(I) must be rounded upward or downward to the nearest ten-dollar increment.

(II)

As used in this paragraph (c), “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.

(III)

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.

(IV)

Nothing in this subsection (3) shall change the limitations on damages set forth in section 13-64-302, or the limitation on damages set forth in section 33-44-113, C.R.S.

(4)

The limitations specified in subsection (3) of this section shall not be disclosed to a jury in any such action, but shall be imposed by the court before judgment.

(5)

Nothing in this section shall be construed to limit the recovery of compensatory damages for physical impairment or disfigurement.
(6)(a)(I) In any claim for breach of contract, damages for noneconomic loss or injury or for derivative noneconomic loss or injury are recoverable only if:

(A)

The recovery for such damages is specifically authorized in the contract that is the subject of the claim; or

(B)

In any first-party claim brought against an insurer for breach of an insurance contract, the plaintiff demonstrates by clear and convincing evidence that the defendant committed willful and wanton breach of contract.

(II)

For purposes of this paragraph (a), “willful and wanton breach of contract” means that:

(A)

The defendant intended to breach the contract;

(B)

The defendant breached the contract without any reasonable justification; and

(C)

The contract clearly indicated that damages for noneconomic loss or injury or for derivative noneconomic damages or loss were within the contemplation or expectation of the parties.

(b)

Except for the breach of contract damages that are permitted pursuant to sub-subparagraph (B) of subparagraph (I) of paragraph (a) of this subsection (6), nothing in this subsection (6) shall be construed to prohibit one or more parties from waiving the recovery of damages for noneconomic loss or injury or for derivative noneconomic loss or injury on a breach of contract claim so long as the waiver is explicit and in writing.

(c)

The limitations on damages set forth in subsection (3) of this section shall apply in any civil action to the aggregate sum of any noneconomic damages awarded under this section for breach of contract including but not limited to bad faith breach of contract.

(d)

In any civil action in which an award of damages for noneconomic loss or injury or for derivative noneconomic loss or injury is made on a breach of contract claim, the court shall state such award in the judgment separately from any other damages award.

(e)

Except as otherwise provided in paragraph (c) of this subsection (6), nothing in this subsection (6) shall be construed to govern the recovery of noneconomic damages on a tort claim for bad faith breach of contract.

Source: Section 13-21-102.5 — Limitations on damages for noneconomic loss or injury, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑21‑101
Interest on damages 13‑21‑102
Exemplary damages 13‑21‑102.5
Limitations on damages for noneconomic loss or injury 13‑21‑103
Damages for selling liquor to an intoxicated person 13‑21‑104
Damages for using animal left for keeping 13‑21‑105
Damages from fire set in woods or prairie - treble damages during drought conditions 13‑21‑105.5
Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages 13‑21‑106
Broadcasting defamatory statements 13‑21‑106.5
Civil damages for destruction or bodily injury caused by a bias-motivated crime 13‑21‑106.7
Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility 13‑21‑107
Damages for destruction or bodily injury caused by minors 13‑21‑107.5
Civil damages for loss caused by theft 13‑21‑108
Persons rendering emergency assistance exempt from civil liability 13‑21‑108.1
Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity 13‑21‑108.2
Persons rendering emergency assistance - competitive sports - exemption from civil liability 13‑21‑108.3
Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability 13‑21‑108.4
Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions 13‑21‑108.5
Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability 13‑21‑108.7
Persons rendering emergency assistance through the administration of an opiate antagonist - limited immunity - legislative declaration - definitions 13‑21‑108.8
Persons furnishing a non-laboratory synthetic opiate detection test - limited immunity - definition 13‑21‑109
Recovery of damages for checks, drafts, or orders not paid upon presentment 13‑21‑109.5
Recovery of damages for fraudulent use of social security numbers 13‑21‑110
Medical committee - privileged communication - limitation on liability 13‑21‑111
Negligence cases - comparative negligence as measure of damages 13‑21‑111.5
Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration 13‑21‑111.6
Civil actions - reduction of damages for payment from collateral source 13‑21‑111.7
Assumption of risk - consideration by trier of fact 13‑21‑111.8
Assumption of risk - shooting ranges 13‑21‑112
Ad damnum clauses in professional liability actions 13‑21‑113
Donation of items of food - exemption from civil and criminal liability - definitions 13‑21‑113.3
Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration 13‑21‑113.5
Use of school or nonprofit organization kitchen - exemption from civil and criminal liability 13‑21‑113.7
Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration 13‑21‑114
Immunity of mine rescue participants and their employers or organizations 13‑21‑115
Actions against landowners - short title - legislative declaration - definitions 13‑21‑115.5
Volunteer service act - immunity - exception for operation of motor vehicles - short title - legislative declaration - definitions 13‑21‑115.6
Immunity from civil liability for school crossing guards and sponsors 13‑21‑115.7
Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations 13‑21‑116
Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons 13‑21‑117
Civil liability - mental health providers - duty to warn - definitions 13‑21‑117.5
Civil liability - intellectual and developmental disability service providers - definitions - repeal 13‑21‑117.7
Civil actions against family foster care providers - limited liability 13‑21‑118
Actions based on flight in aircraft 13‑21‑119
Equine activities - llama activities - legislative declaration - exemption from civil liability 13‑21‑120
Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice 13‑21‑121
Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions 13‑21‑122
Civil liability for unlawful use of personal identifying information 13‑21‑122.5
Civil liability for trading in telephone records 13‑21‑124
Civil actions against dog owners 13‑21‑125
Civil actions for theft in the mortgage lending process 13‑21‑126
Funeral picketing - legislative declaration - definitions - damages 13‑21‑127
Civil damages for human trafficking and involuntary servitude 13‑21‑128
Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions 13‑21‑129
Snow removal service liability limitation - exceptions - short title - definitions 13‑21‑130
Civil liability for false statement to recover possession of real property 13‑21‑131
Civil action for deprivation of rights 13‑21‑132
Civil liability for misuse of gametes - definitions 13‑21‑133
Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment 13‑21‑201
Damages for death 13‑21‑202
Action notwithstanding death 13‑21‑203
Limitation on damages 13‑21‑203.5
Alternative means of establishing damages - solatium amount 13‑21‑203.7
Adjustments of dollar limitations for effects of inflation 13‑21‑204
Limitation of actions 13‑21‑301
Settlements, releases, and statements of injured persons 13‑21‑401
Definitions 13‑21‑402
Innocent seller 13‑21‑402.5
Product misuse 13‑21‑403
Presumptions 13‑21‑404
Inadmissible evidence 13‑21‑406
Comparative fault as measure of damages 13‑21‑801
Short title 13‑21‑802
Legislative declaration 13‑21‑803
Definitions 13‑21‑804
Damages - persons injured by an individual illegal drug user 13‑21‑805
Nonexclusiveness - exceptions to liability - joinder 13‑21‑806
Comparative negligence 13‑21‑807
Contribution among and recovery from multiple defendants 13‑21‑808
Effect of criminal drug conviction 13‑21‑809
Prejudgment attachment and execution on judgments 13‑21‑810
Statute of limitations 13‑21‑811
Stay of action 13‑21‑812
Nonretroactive 13‑21‑813
Severability 13‑21‑1001
Definitions 13‑21‑1002
Computer dissemination of indecent material to a child - prohibition 13‑21‑1003
Civil penalty - action for recovery - distribution of proceeds - attorney fees 13‑21‑1101
Short title 13‑21‑1102
Legislative declaration 13‑21‑1103
Definitions 13‑21‑1104
Actions against food providers that comply with applicable state and federal laws - exemptions 13‑21‑1105
Pleading requirements 13‑21‑1106
Stay of proceedings pending motion to dismiss 13‑21‑1201
Short title 13‑21‑1202
Legislative declaration 13‑21‑1203
Definitions 13‑21‑1204
Construction 13‑21‑1205
Damages - woman injured by the unlawful termination of a pregnancy 13‑21‑1206
Exceptions to liability 13‑21‑1207
Limitation of actions - three years 13‑21‑1301
Legislative declaration 13‑21‑1302
Jurisdiction over nonresident representatives 13‑21‑1303
Damages 13‑21‑1304
Liquor licensees excepted 13‑21‑1401
Short title 13‑21‑1402
Definitions 13‑21‑1403
Civil action - definitions 13‑21‑1404
Exceptions to liability - definitions 13‑21‑1405
Plaintiff’s privacy 13‑21‑1406
Remedies 13‑21‑1407
Statute of limitations 13‑21‑1408
Construction 13‑21‑1409
Uniformity of application and construction
Green check means up to date. Up to date

Current through Fall 2024

§ 13-21-102.5’s source at colorado​.gov