Colorado § 40-9-103 Liability for damages

Colorado Statutes

§ 40-9-103 — Liability for damages

Colorado § 40-9-103

Title 40Utilities

Art.Carriers Generally

This text of Colorado § 40-9-103 (Liability for damages) 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. § 40-9-103 (2026).

Text

(1)In case any common carrier subject to the provisions of sections 40-9-101 to 40-9-105 does, causes, or permits any act, matter, or thing prohibited or declared to be unlawful in said sections or omits any act, matter, or thing required to be done in said sections such common carrier shall be liable to the person injured thereby for the full amount of damages sustained in consequence of any violation of the provisions of sections 40-9-101 to 40-9-105.

(2)Every common carrier receiving property for transportation between points within this state shall issue a receipt or a bill of lading therefor and shall be liable to the lawful holder thereof for all loss, damage, or injury to such property caused by it or by any common carrier to which such property may be delivered or over

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(1) In case any common carrier subject to
the provisions of sections 40-9-101 to 40-9-105 does, causes, or permits any act,
matter, or thing prohibited or declared to be unlawful in said sections or omits any
act, matter, or thing required to be done in said sections such common carrier shall
be liable to the person injured thereby for the full amount of damages sustained in
consequence of any violation of the provisions of sections 40-9-101 to 40-9-105.

(2) Every common carrier receiving property for transportation between
points within this state shall issue a receipt or a bill of lading therefor and shall be
liable to the lawful holder thereof for all loss, damage, or injury to such property
caused by it or by any common carrier to which such property may be delivered or
over whose lines such property may pass. No contract, receipt, rule, or regulation
shall exempt such common carrier from any liability imposed in this section, but the
carrier shall not be responsible for any greater sum than the value as fixed in the
contract, receipt, or bill of lading where such valuation is stated. Nothing in this
section shall deprive any holder of such receipt or bill of lading of any remedy or
right of action which he has under existing law. The common carrier issuing such
receipt or bill of lading shall be entitled to recover from the common carrier on
whose lines the loss, damage, or injury has been sustained the amount of such loss,
damage, or injury as it may be required to pay to the owners of such property, as
may be evidenced by any receipt, judgment, or transcript thereof.

(3) Notwithstanding subsection (2) of this section, a rail carrier may establish
rates for the transportation of property under which the liability of the carrier for
such property is limited to a value established by a written declaration of the
shipper or by a written agreement between the shipper and the rail carrier, and
such carrier may provide in such written declaration or agreement for specified
amounts to be deducted from any claim against the rail carrier for loss or damage
to the property or for delay in the transportation of such property.

Legislative History

Source: L. 07: p. 534, � 8. R.S. 08: � 5452. L. 10: p. 49, � 8. C.L. � 2985. CSA: C. 29, � 8. CRS 53: � 115-12-3. C.R.S. 1963: � 115-12-3. L. 84: (3) added, p. 1043, � 8, effective July 1.