Colorado § 24-10-105 Prior waiver of immunity - effect - indirect claims not separate

Colorado Statutes

§ 24-10-105 — Prior waiver of immunity - effect - indirect claims not separate

Colorado § 24-10-105

Title 24Government

Art.Governmental Immunity

This text of Colorado § 24-10-105 (Prior waiver of immunity - effect - indirect claims not separate) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 24-10-105 (2026).

Text

(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 empl

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(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) (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.

Legislative History

Source: L. 71: p. 1206, � 1. C.R.S. 1963: � 130-11-5. L. 85, 1st Ex. Sess.: Entire section amended, p. 9, � 4, effective September 27. L. 86: Entire section amended, p. 875, � 4, effective July 1. L. 2006: Entire section amended, p. 455, � 2, effective April 18.