C.R.S. Section 24-10-106.5
Duty of care

(1)

In order to encourage the provision of services to protect the public health and safety and to allow public entities to allocate their limited fiscal resources, a public entity or public employee shall not be deemed to have assumed a duty of care where none otherwise existed by the performance of a service or an act of assistance for the benefit of any person. The adoption of a policy or a regulation to protect any person’s health or safety shall not give rise to a duty of care on the part of a public entity or public employee where none otherwise existed. In addition, the enforcement of or failure to enforce any such policy or regulation or the mere fact that an inspection was conducted in the course of enforcing such policy or regulation shall not give rise to a duty of care where none otherwise existed; however, in a situation in which sovereign immunity has been waived in accordance with the provisions of this article, nothing shall be deemed to foreclose the assumption of a duty of care by a public entity or public employee when the public entity or public employee requires any person to perform any act as the result of such an inspection or as the result of the application of such policy or regulation. Nothing in this section shall be construed to relieve a public entity of a duty of care expressly imposed under other statutory provision.

(2)

Except as otherwise provided in section 24-10-106.3, which recognizes a duty of reasonable care upon public school districts, charter schools, and their employees, nothing in this article shall be deemed to create any duty of care.

Source: Section 24-10-106.5 — Duty of care, 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

§ 24-10-106.5’s source at colorado​.gov