What happens when someone is injured by a government employee (i.e. police officer, RTD bus driver) or due to a dangerous condition in a public building? Fortunately, the injured person likely has the ability to bring a personal injury claim. Unfortunately, there are significant restrictions in Colorado on how the claims are made, deadlines for providing notice of the claim, and a cap on how much the injured person can recover.
Colorado's Governmental Immunity Act (C.R.S. 24-10-106) ("CGIA") outlines the requirements for people bringing injury claims against public entities or employees. In sum, it states that a public entity is immune from liability for all injuries caused, except:
- The operation of a motor vehicle, owned or leased by such public entity, by a public employee while in the course of employment, except emergency vehicles operating within the provisions of section 42-4-108 (2) and (3);
- The operation of any public hospital, correctional facility, as defined in section 17-1-102, or jail by such public entity;
- A dangerous condition of any public building;
- A dangerous condition of a public highway, road, or street which physically interferes with the movement of traffic on the paved portion, if paved;
- A dangerous condition caused by the failure to realign a stop sign or yield sign which was turned, without authorization of the public entity, in a manner which reassigned the right-of-way upon intersecting public highways, roads, or streets, or the failure to repair a traffic control signal on which conflicting directions are displayed;
- A dangerous condition caused by an accumulation of snow and ice which physically interferes with public access on walks leading to a public building open for public business when a public entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice of such condition and a reasonable time to act;
- A dangerous condition of any public hospital, jail, public facility located in any park or recreation area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility; or
- The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical facility, power facility, or swimming facility by such public entity.
What are common situations where claims against a governmental entity can be made? Most claims fall under two categories: public employees crashing into motorists while driving public vehicles; and dangerous conditions in public buildings. However, an exception to the "operation of a motor vehicle" provision protects police officers or other emergency vehicles when they're responding to an emergency call and have their lights or sirens activated, unless they are driving in a reckless manner without due regard for other motorists and crashes into someone.
Notice requirement for CGIA claims. Anyone hurt by a governmental entity or employee must provide notice to the State and related agencies within 182 days after the injury-causing event occurred. If you don't provide notice within that timeframe, your claims are likely barred forever. It is essential to contact a personal injury attorney immediately if you're hurt so they can advise and assist with the notice requirement of the CGIA.
What is the cap on damages for CGIA claims? As of this writing (the cap adjusts upward again on January 1, 2026), the most someone can recover in a CGIA claim is $424,000 for any one person injured in a single occurrence and $1,195,000 for any injury to two or more people in any single occurrence but no single person can recover more than $424,000.
Claims against Colorado governmental entities or employees can be complicated and it is important to consult with an experienced personal injury lawyer immediately to ensure all deadlines are met. If you've been injured due to the negligence of a Colorado governmental employee, contact Kane Trial Law at 303-919-7777 for a free consultation.
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