§ 24-10-106.5 — Duty of care

Colorado § 24-10-106.5

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Governmental Immunity

Text

(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.

Legislative History

Source: L. 86: Entire section added, p. 876, � 6, effective July 1. L. 2015: (2) amended, (SB 15-213), ch. 266, p. 1039, � 3, effective June 3.