C.R.S. Section 24-10-105
Prior waiver of immunity

  • effect
  • indirect claims not separate

(1)

It is the intent of this article to cover all 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 the claimant. No public entity shall be liable for such actions except as provided in this article, and no public employee shall be liable for injuries arising out of an act or omission occurring during the performance of his or her duties and within the scope of his or her employment, unless such act or omission was willful and wanton, except as provided in this article. Nothing in this section shall be construed to allow any action which lies 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 to be brought against a public employee except in compliance with the requirements of this article.

(2)

Intentionally left blank —Ed.

(a)

A reference in this article to an injury, claim, or action that “lies in tort or could lie in tort” shall be construed in all cases to include, in addition to a direct claim or action, a claim or action asserted by way of assignment or subrogation to recover from a public entity or public employee the amount paid on a damages claim or the amount that may become payable on a damages claim because of the occurrence of an injury, as defined in section 24-10-103 (2).

(b)

In any case in which an assignee or subrogee asserts an injury governed by this article:

(I)

The injury shall not be deemed to be separate from the injury suffered by the assignor or subrogor; and

(II)

Pursuant to section 24-10-114 (1.5), the assignment or subrogation concerning the injury shall not be deemed to be a separate occurrence with regard to limitations on judgments.

Source: Section 24-10-105 — Prior waiver of immunity - effect - indirect claims not separate, 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

§ 24-10-105’s source at colorado​.gov