Sidewalk and Public Property Falls in Colorado

Public sidewalks: Colorado public entities are generally immune from tort claims, but immunity is waived for injuries from a dangerous condition of a public highway, road, street or sidewalk within a municipality (on the portion designed for public travel or parking) that physically interferes with the movement of traffic. A dangerous condition is a physical condition the public entity knew about, or with reasonable care should have known about, caused by its negligence in building or maintaining the facility; inadequate design alone does not count. The sections read do not place sidewalk liability on abutting property owners.

Claims against a city, county or other public entity: a written notice of claim must be filed within 182 days after the injury is discovered; this is a jurisdictional requirement and missing it bars the claim. The notice goes to the governing body of the public entity or its attorney (claims against the state go to the attorney general), by registered or certified mail or personal service, and must state the facts, the injury and the amount of damages requested. A lawsuit cannot be filed until the entity denies the claim or 90 days pass. Recovery is capped by statute at $350,000 for one person and $990,000 per occurrence, amounts the statute adjusts every four years for inflation (the Secretary of State publishes the adjusted figures); the same act covers state and local entities.

Under the Colorado Governmental Immunity Act, a person injured by a public entity or its employee must file a written notice of claim within 182 days after discovering the injury; this is a jurisdictional requirement, and missing it bars the claim. The notice must give the facts, the injury and the amount of damages requested, and is filed with the Attorney General for claims against the State, or with the governing body or attorney of any other public entity. Recovery is capped at $350,000 for one person and $990,000 for two or more people in a single occurrence, with these amounts adjusted for inflation every four years and published by the Secretary of State. A public entity may raise its own limits by resolution.

Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Assault, battery, false imprisonment, libel and slander have one year.