C.R.S. Section 24-10-102
Declaration of policy


It is recognized by the general assembly that the doctrine of sovereign immunity, whereunder the state and its political subdivisions are often immune from suit for injury suffered by private persons, is, in some instances, an inequitable doctrine. The general assembly also recognizes that the supreme court has abrogated the doctrine of sovereign immunity effective July 1, 1972, and that thereafter the doctrine shall be recognized only to such extent as may be provided by statute. The general assembly also recognizes that the state and its political subdivisions provide essential public services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential public services and functions. The general assembly further recognizes that the taxpayers would ultimately bear the fiscal burdens of unlimited liability and that limitations on the liability of public entities and public employees are necessary in order to protect the taxpayers against excessive fiscal burdens. It is also recognized that public employees, whether elected or appointed, should be provided with protection from unlimited liability so that such public employees are not discouraged from providing the services or functions required by the citizens or from exercising the powers authorized or required by law. It is further recognized that the state, its political subdivisions, and the public employees of such public entities, by virtue of the services and functions provided, the powers exercised, and the consequences of unlimited liability to the governmental process, should be liable for their actions and those of their agents only to such an extent and subject to such conditions as are provided by this article. The general assembly also recognizes the desirability of including within one article all the circumstances under which the state, any of its political subdivisions, or the public employees of such public entities may be liable in actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant and that the distinction for liability purposes between governmental and proprietary functions should be abolished.

Source: Section 24-10-102 — Declaration of policy, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑10‑101
Short title
24‑10‑102
Declaration of policy
24‑10‑103
Definitions
24‑10‑104
Waiver of sovereign immunity
24‑10‑105
Prior waiver of immunity - effect - indirect claims not separate
24‑10‑106
Immunity and partial waiver
24‑10‑106.1
Immunity and partial waiver - claims against the state - injuries from prescribed fire - on or after January 1, 2012
24‑10‑106.3
Immunity and partial waiver - claims for serious bodily injury or death on public school property or at school-sponsored events resulting from incidents of school violence - short title - definitions
24‑10‑106.5
Duty of care
24‑10‑107
Determination of liability
24‑10‑108
Sovereign immunity a bar
24‑10‑109
Notice required - contents - to whom given - limitations
24‑10‑110
Defense of public employees - payment of judgments or settlements against public employees
24‑10‑111
Judgment against public entity or public employee - effect
24‑10‑112
Compromise of claims - settlement of actions
24‑10‑113
Payment of judgments
24‑10‑113.5
Attorney general to notify general assembly
24‑10‑114
Limitations on judgments - recommendation to general assembly - authorization of additional payment - lower north fork wildfire claims
24‑10‑114.5
Limitation on attorney fees in class action litigation
24‑10‑115
Authority for public entities other than the state to obtain insurance
24‑10‑115.5
Authority for public entities to pool insurance coverage
24‑10‑116
State required to obtain insurance
24‑10‑117
Execution and attachment not to issue
24‑10‑118
Actions against public employees - requirements and limitations
24‑10‑119
Applicability of article to claims under federal law
24‑10‑120
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 24-10-102’s source at colorado​.gov