§ 24-10-109 — Notice required - contents - to whom given - limitations

Colorado § 24-10-109

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

Text

(1) Any
person claiming to have suffered an injury by a public entity or by an employee
thereof while in the course of such employment, whether or not by a willful and
wanton act or omission, shall file a written notice as provided in this section within
one hundred eighty-two days after the date of the discovery of the injury,
regardless of whether the person then knew all of the elements of a claim or of a
cause of action for such injury. Compliance with the provisions of this section shall
be a jurisdictional prerequisite to any action brought under the provisions of this
article, and failure of compliance shall forever bar any such action.

(2) The notice shall contain the following:

(a) The name and address of the claimant and the name and address of his
attorney, if any;

(b) A concise statement of the factual basis of the claim, including the date,
time, place, and circumstances of the act, omission, or event complained of;

(c) The name and address of any public employee involved, if known;

(d) A concise statement of the nature and the extent of the injury claimed to
have been suffered;

(e) A statement of the amount of monetary damages that is being requested.

(3) (a) If the claim is against the state or an employee thereof, the notice
shall be filed with the attorney general. If the claim is against any other public
entity or an employee thereof, the notice shall be filed with the governing body of
the public entity or the attorney representing the public entity. Such notice shall be
effective upon mailing by registered or certified mail, return receipt requested, or
upon personal service.

(b) A notice required under this section that is properly filed with a public
entity's agent listed in the inventory of local governmental entities pursuant to
section 24-32-116, is deemed to satisfy the requirements of this section.

(4) When the claim is one for death by wrongful act or omission, the notice
may be presented by the personal representative, surviving spouse, or next of kin of
the deceased.

(5) Any action brought pursuant to this article shall be commenced within
the time period provided for that type of action in articles 80 and 81 of title 13,
C.R.S., relating to limitation of actions, or it shall be forever barred; except that, if
compliance with the provisions of subsection (6) of this section would otherwise
result in the barring of an action, such time period shall be extended by the time
period required for compliance with the provisions of subsection (6) of this section.

(6) No action brought pursuant to this article shall be commenced until after
the claimant who has filed timely notice pursuant to subsection (1) of this section
has received notice from the public entity that the public entity has denied the
claim or until after ninety days has passed following the filing of the notice of claim
required by this section, whichever occurs first.

(7) The notice required pursuant to this section does not apply to claims
made pursuant to the waiver of governmental immunity described in section 24-10-106 (1)(j) and any action brought pursuant to part 12 of article 20 of title 13 thereto
is not barred under this section.

Legislative History

Source: L. 71: p. 1207, � 1. C.R.S. 1963: � 130-11-9. L. 79: (1) amended, p. 862, � 2, effective July 1. L. 86: (1), (2)(b), (3), and (5) amended and (6) added, p. 877, � 9, effective July 1. L. 92: (1) amended, p. 1117, � 4, effective July 1. L. 2009: (3) amended, (HB 09-1248), ch. 252, p. 1136, � 21, effective May 14. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 881, � 145, effective July 1; (3) amended, (HB 12-1244), ch. 172, p. 616, � 1, effective August 8. L. 2021: (7) added, (SB 21-088), ch. 442, p. 2927, � 4, effective January 1, 2022.