2020 Colorado Revised Statutes
Title 13 - Courts And Court Procedure
Article 21. Damages

Editor's note: Colorado recognizes "wrongful birth" claims but not "wrongful life" claims. For discussion of such claims, see Lininger v. Eisenbaum, 764 P.2d 1202 (Colo. 1988) and Empire Cas. v. St. Paul Fire and Marine, 764 P.2d 1191 (Colo. 1988).

Cross references: For damages recoverable for failure to comply with excavation requirements, see § 9-1.5-104.5; for the admissibility of evidence of failure to wear a safety belt system to mitigate damages resulting from a motor vehicle accident, see § 42-4-237 (7).

Law reviews: For article, "Using Mental Health Professionals to Maximize Damages in Personal Injury Cases", see 15 Colo. Law. 2009 (1986); for article, "1986 Colorado Tort Reform Legislation", see 15 Colo. Law. 1363 (1986); for article, "Introduction to the Tort Reform Symposium: Some Cautioning Implications of Legislative Tort Reform", see 64 Den. U. L. Rev. 613 (1988); for article, "The Assault on Injured Victims' Rights", see 64 Den. U. L. Rev. 625 (1988); for article, "The Insurance 'Crisis': Reality or Myth? A Plaintiffs' Lawyer's Perspective", see 64 Den. U. L. Rev. 641 (1988); for article, "Constitutional Challenges to Tort Reform: Equal Protection and State Constitutions", see 64 Den. U. L. Rev. 719 (1988); for article, "The Failed Tubal Ligation: Bringing a Wrongful Birth Case to Trial", see 17 Colo. Law. 849 (1988); for article, "Limiting Lender Liability through the Statute of Frauds", see 18 Colo. Law. 1725 (1989); for comment, "Stemming the Tide of Lender Liability: Judicial and Legislative

Reactions", see 67 Den. U. L. Rev. 453 (1990); for comment, "Comprehensive General Liability

Insurance Coverage for CERCLA Liabilities: A Recommendation for Judicial Adherence to State Canons of Insurance Contract Construction", see 61 U. Colo. L. Rev. 407 (1990); for article, "A Federal Genie from a State Bottle: § 1983 in the Colorado State Courts", see 19 Colo. Law. 617 (1990); for article, "1990 Update on Colorado Tort Reform Legislation", see 19 Colo. Law. 1529 (1990).

• Section 13-21-101. Interest on damages.
• Section 13-21-102. Exemplary damages.
• Section 13-21-102.5. Limitations on damages for noneconomic loss or injury.
• Section 13-21-103. Damages for selling liquor to an intoxicated person.
• Section 13-21-104. Damages for using animal left for keeping.
• Section 13-21-105. Damages from fire set in woods or prairie - treble damages during drought conditions.
• Section 13-21-105.5. Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages.
• Section 13-21-106. Broadcasting defamatory statements.
• Section 13-21-106.5. Civil damages for destruction or bodily injury caused by a biasmotivated crime.
• Section 13-21-106.7. Civil damages for preventing passage to and from a health care facility and engaging in prohibited activity near facility.
• Section 13-21-107. Damages for destruction or bodily injury caused by minors.
• Section 13-21-107.5. Civil damages for loss caused by theft.
• Section 13-21-108. Persons rendering emergency assistance exempt from civil liability.
• Section 13-21-108.1. Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity.
• Section 13-21-108.2. Persons rendering emergency assistance - competitive sports exemption from civil liability.
• Section 13-21-108.3. Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability.
• Section 13-21-108.4. Persons rendering emergency assistance from a locked vehicle exempt from criminal and civil liability - definitions.
• Section 13-21-108.5. Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability.
• Section 13-21-108.7. Persons rendering emergency assistance through the administration of an opiate antagonist - limited immunity - legislative declaration - definitions.
• Section 13-21-109. Recovery of damages for checks, drafts, or orders not paid upon presentment.
• Section 13-21-109.5. Recovery of damages for fraudulent use of social security numbers.
• Section 13-21-110. Medical committee - privileged communication - limitation on liability.
• Section 13-21-111. Negligence cases - comparative negligence as measure of damages.
• Section 13-21-111.5. Civil liability cases - pro rata liability of defendants - shifting financial responsibility for negligence in construction agreements - legislative declaration.
• Section 13-21-111.6. Civil actions - reduction of damages for payment from collateral source.
• Section 13-21-111.7. Assumption of risk - consideration by trier of fact.
• Section 13-21-111.8. Assumption of risk - shooting ranges.
• Section 13-21-112. Ad damnum clauses in professional liability actions.
• Section 13-21-113. Donation of items of food - exemption from civil and criminal liability definitions.
• Section 13-21-113.3. Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration.
• Section 13-21-113.5. Use of school or nonprofit organization kitchen - exemption from civil and criminal liability.
• Section 13-21-113.7. Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration.
• Section 13-21-114. Immunity of mine rescue participants and their employers or organizations.
• Section 13-21-115. Actions against landowners.
• Section 13-21-115.5. Volunteer service act - immunity - exception for operation of motor vehicles - short title - legislative declaration - definitions.
• Section 13-21-115.6. Immunity from civil liability for school crossing guards and sponsors.
• Section 13-21-115.7. Immunity from civil liability for directors, officers, or trustees nonprofit corporations or nonprofit organizations.
• Section 13-21-116. Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons.
• Section 13-21-117. Civil liability - mental health providers - duty to warn - definitions.
• Section 13-21-117.5. Civil liability - intellectual and developmental disability service providers - definitions.
• Section 13-21-117.7. Civil actions against family foster care providers - limited liability.
• Section 13-21-118. Actions based on flight in aircraft.
• Section 13-21-119. Equine activities - llama activities - legislative declaration - exemption from civil liability.
• Section 13-21-120. Colorado baseball spectator safety act - legislative declaration limitation on actions - duty to post warning notice.
• Section 13-21-121. Agricultural recreation or agritourism activities - legislative declaration
• Section 13-21-122. Civil liability for unlawful use of personal identifying information.
• Section 13-21-122.5. Civil liability for trading in telephone records.
• Section 13-21-123. Civil liability for newspaper theft. (Repealed)
• Section 13-21-124. Civil actions against dog owners.
• Section 13-21-125. Civil actions for theft in the mortgage lending process.
• Section 13-21-126. Funeral picketing - legislative declaration - definitions - damages.
• Section 13-21-127. Civil damages for human trafficking and involuntary servitude.
• Section 13-21-128. Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions.
• Section 13-21-129. Snow removal service liability limitation - exceptions - short title definitions.
• Section 13-21-130. Civil liability for false statement to recover possession of real property.
• Section 13-21-131. Civil action for deprivation of rights.
• Section 13-21-132. Civil liability for misuse of gametes - definitions.

Law reviews: For article, "Calculating Net Pecuniary Loss Under Colorado Wrongful Death Law", see 24 Colo. Law. 1257 (1995); for article, "The Colorado Wrongful Death Act", see 40 Colo. Law. 63 (May 2011).

• Section 13-21-201. Damages for death.
• Section 13-21-202. Action notwithstanding death.
• Section 13-21-203. Limitation on damages.
• Section 13-21-203.5. Alternative means of establishing damages - solatium amount.
• Section 13-21-203.7. Adjustments of dollar limitations for effects of inflation.
• Section 13-21-204. Limitation of actions.

• Section 13-21-301. Settlements, releases, and statements of injured persons.

Cross references: For limitation of actions against manufacturers, sellers, or lessors, see §§ 13-80-106 and 13-80-107.

Law reviews: For article, "The Apportionment of Tort Responsibility", see 14 Colo. Law. 741 (1985); for article, "Torts", which discusses Tenth Circuit decisions dealing with product liability actions, see 62 Den. U. L. Rev. 357 (1985); for article, "Product Liability", see 16 Colo. Law. 474 (1987); for article, "Permanent Solution for Product Liability Crises: Uniform Federal Tort Law Standards", see 64 Den. U. L. Rev. 685 (1988); for article, "Our Product Liability System: An Efficient Solution to a Complex Problem", see 64 Den. U. L. Rev. 703 (1988); for article, "Recovering Asbestos Abatement Costs in Tort Actions", see 19 Colo. Law. 659 (1990); for article, "Strict Product Liability and Comparative Fault in Colorado", see 19 Colo. Law. 2081 (1990); for article, "Preemption of State Tort Claims Under The Medical Device Amendments", see 24 Colo. Law. 2217 (1995).

• Section 13-21-401. Definitions.
• Section 13-21-402. Innocent seller.
• Section 13-21-402.5. Product misuse.
• Section 13-21-403. Presumptions.
• Section 13-21-404. Inadmissible evidence.
• Section 13-21-405. Report to general assembly. (Repealed)
• Section 13-21-406. Comparative fault as measure of damages.

• Section 13-21-501. Legislative declaration.
• Section 13-21-502. "Product liability action" - definition.
• Section 13-21-503. Determination of defect - burden of proof.
• Section 13-21-504. Proximate cause.
• Section 13-21-504.5. Limitations on actions - award of fees.
• Section 13-21-505. Applicability of this part 5.

• Section 13-21-601 to 13-21-604. (Repealed).

• Section 13-21-701 to 13-21-705. (Repealed).

• Section 13-21-801. Short title.
• Section 13-21-802. Legislative declaration.
• Section 13-21-803. Definitions.
• Section 13-21-804. Damages - persons injured by an individual illegal drug user.
• Section 13-21-805. Nonexclusiveness - exceptions to liability - joinder.
• Section 13-21-806. Comparative negligence.
• Section 13-21-807. Contribution among and recovery from multiple defendants.
• Section 13-21-808. Effect of criminal drug conviction.
• Section 13-21-809. Prejudgment attachment and execution on judgments.
• Section 13-21-810. Statute of limitations.
• Section 13-21-811. Stay of action.
• Section 13-21-812. Nonretroactive.
• Section 13-21-813. Severability.

• Section 13-21-901 and 13-21-902. (Repealed).

• Section 13-21-1001. Definitions.
• Section 13-21-1002. Computer dissemination of indecent material to a child - prohibition.
• Section 13-21-1003. Civil penalty - action for recovery - distribution of proceeds - attorney fees.

Law reviews: For article, "What's in the Package: Food, Beverage, and Dietary Supplement Law and Litigation Part I", see 43 Colo. Law. 77 (July 2014).

1101. Short title. This part 11 shall be known and may be cited as the "Commonsense Consumption Act".

Source: L. 2004: Entire part added, p. 759, § 1, effective May 17.

1102. Legislative declaration. (1) The general assembly hereby finds and declares that:

1. Obesity and many other conditions that are detrimental to the health and well-beingof individuals are frequently long-term manifestations of poor choices that are habitually made by those individuals;

2. Despite commercial influences, individuals remain ultimately responsible for the choices they make regarding their body; and

3. Excessive litigation restricts the wide range of choices otherwise available to individuals who consume products responsibly.

Source: L. 2004: Entire part added, p. 759, § 1, effective May 17.

• Section 13-21-1103. Definitions.
• Section 13-21-1104. Actions against food providers that comply with applicable state and federal laws - exemptions.
• Section 13-21-1105. Pleading requirements.
• Section 13-21-1106. Stay of proceedings pending motion to dismiss.

Cross references: For the legislative declaration in HB 14-1388, see section 1 of chapter 379, Session Laws of Colorado 2014.

1201. Short title. This part 12 is known and may be cited as the "Civil Remedy for Unlawful Termination of Pregnancy Act".

Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.

1202. Legislative declaration. The general assembly hereby declares that the purpose of this part 12 is to provide an appropriate civil remedy to a woman who suffers an unlawful termination of her pregnancy, without establishing the legal personhood of an unborn human being.

Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.

1203. Definitions. As used in this part 12, unless the context otherwise requires:

1. "Consent" has the same meaning as provided in section 18-1-505, C.R.S.

2. "Intentionally" has the same meaning as provided in section 18-1-501 (5), C.R.S.

3. "Knowingly" has the same meaning as provided in section 18-1-501 (6), C.R.S.

4. "Pregnancy" means the presence of an implanted human embryo or fetus within theuterus of a woman.

5. "Recklessly" has the same meaning as provided in section 18-1-501 (8), C.R.S.

6. "Unlawful termination of pregnancy" means the termination of a pregnancy by anymeans other than birth or a medical procedure, instrument, agent, or drug for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained, or for which the pregnant woman's consent is implied by law.

Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.

1204. Construction. Nothing in this part 12 shall be construed to confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth.

Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.

1205. Damages - woman injured by the unlawful termination of a pregnancy.(1) A woman may bring an action for damages in accordance with this part 12 against any person who intentionally, knowingly, or recklessly caused an unlawful termination of her pregnancy.

(2) (a) The action authorized in this section is in addition to, and does not limit or affect, other actions available by statute or common law, before or after July 1, 2014.

(b) Nothing in this part 12 is intended to alter, replace, limit, supersede, or in any way restrict any provision of the "Health Care Availability Act", article 64 of this title, or any successor statute.

3. The standard of proof for establishing liability under this section is proof by a preponderance of the evidence.

4. A woman entitled to bring an action under this section may recover the followingdamages:

1. Her own economic damages;

2. Her own noneconomic damages; and

3. Exemplary damages to the extent permitted by section 13-21-102, or any successorstatute.

Source: L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.

• Section 13-21-1206. Exceptions to liability.
• Section 13-21-1207. Limitation of actions - three years.

Editor's note: This part 13 was added with relocations in 2017. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

1301. Legislative declaration. The general assembly hereby finds, determines, and declares that independent wholesale sales representatives are a key ingredient to the Colorado economy. The general assembly further finds and declares that wholesale sales representatives spend many hours developing their territory in order to properly market their products. Therefore, it is the intent of the general assembly to provide security and clarify the relations between distributors, jobbers, or manufacturers and their wholesale sales representatives.

Source: L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9.

Editor's note: This section is similar to former § 12-66-101 as it existed prior to 2017.

1302. Jurisdiction over nonresident representatives. A distributor, jobber, or manufacturer who is not a resident of Colorado and who enters into any written contract or written sales agreement regulated by this part 13 shall be deemed to be doing business in Colorado for purposes of personal jurisdiction.

Source: L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9.

Editor's note: This section is similar to former § 12-66-102 as it existed prior to 2017.

1303. Damages. (1) A distributor, jobber, or manufacturer who knowingly fails to pay commissions as provided in any written contract or written sales agreement shall be liable to the wholesale sales representative in a civil action for treble the damages proved at trial.

(2) In a civil action brought by a wholesale sales representative pursuant to this section, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other recovery.

Source: L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9.

Editor's note: This section is similar to former § 12-66-103 as it existed prior to 2017.

• Section 13-21-1304. Liquor licensees excepted.

1401. Short title. The short title of this part 14 is the "Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act".

Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 325, § 1, effective April 8.

1402. Definitions. As used in this part 14, unless the context otherwise requires:

1. "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.

2. "Depicted individual" means an individual whose body is shown in whole or in partin an intimate image.

3. "Disclosure" means transfer, publication, or distribution to another person. "Disclose" has a corresponding meaning.

4. "Identifiable" means recognizable by a person other than the depicted individual:

1. From an intimate image itself; or

2. From the intimate image and identifying characteristic displayed in connection withthe intimate image.

5. "Identifying characteristic" means information that may be used to identify a depicted individual.

6. "Individual" means a human being.

7. "Intimate image" means a photograph, film, video recording, or other similar medium that shows:

1. The uncovered genitals, pubic area, anus, or female postpubescent nipple of a depicted individual; or

2. The depicted individual engaging in or being subjected to sexual conduct.

8. "Person" means an individual, estate, business or nonprofit entity, public corporation,government or governmental subdivision, agency, or instrumentality, or other legal entity.

9. "Sexual conduct" includes:

1. Masturbation;

2. Genital, anal, or oral sex;

3. Sexual penetration of, or with, an object;

4. Bestiality; or

5. The transfer of semen onto a depicted individual.

Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 325, § 1, effective April 8.

• Section 13-21-1403. Civil action - definitions.
• Section 13-21-1404. Exceptions to liability - definitions.
• Section 13-21-1405. Plaintiff's privacy.
• Section 13-21-1406. Remedies.
• Section 13-21-1407. Statute of limitations.
• Section 13-21-1408. Construction.
• Section 13-21-1409. Uniformity of application and construction.