C.R.S. Section 24-10-106.1
Immunity and partial waiver

  • claims against the state
  • injuries from prescribed fire
  • on or after January 1, 2012

(1)

Notwithstanding any other provision of this article, the state shall be immune from liability in all claims for injury that 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 except as provided otherwise in this section or section 24-10-106. In addition to any other claims for which the state waives immunity under this article, sovereign immunity is waived by the state in an action for injuries resulting from a prescribed fire started or maintained by the state or any of its employees on or after January 1, 2012.

(2)

Nothing in this section shall be construed to constitute a waiver of sovereign immunity if the injury arises from any act, or failure to act, of a state employee if the act is the type of act for which the state employee would be or heretofore has been personally immune from liability.

(3)

In addition to the immunity provided under subsection (1) of this section, the state shall also have the same immunity as a state employee for any act or failure to act for which a state employee would be or heretofore has been personally immune from liability.

(4)

No rule of law imposing absolute or strict liability shall be applied in any action against the state for an injury resulting from a prescribed fire started or maintained by the state or any of its employees. No liability shall be imposed in any such action unless negligence is proven.

Source: Section 24-10-106.1 — Immunity and partial waiver - claims against the state - injuries from prescribed fire - on or after January 1, 2012, 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

§ 24-10-106.1’s source at colorado​.gov