Miscellaneous

Premises Liability Reform – S.B. 115

Colorado|2022

Clarifies the meaning of terms related to landowner liability and

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Clarifies the meaning of terms related to landowner liability and declares that the Colorado court of appeals and supreme court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner should not be relied upon to the extent that those decisions determined: the foreseeability of third-party criminal conduct based upon whether the goods or services offered by a landowner are controversial; and that a landowner could be held liable as a substantial factor in causing harm without considering whether a third-party criminal act was the predominant cause of that harm.


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Unchallenged

Early Offer of Settlement: H.B. 1121 (2003)

Colorado|2003

Provided that attorneys’ fees and costs would be assessed against

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Provided that attorneys’ fees and costs would be assessed against plaintiffs who decline an offer of settlement proceed to litigation, and receive a smaller judgment than would have been received if a settlement offer had been accepted.


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Unchallenged

Open Records Act Clarification: H.B. 1036 (2012)

Colorado|2012

Amends the Colorado Open Records Act to clarify that civil

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Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC v. Waters, which held that such files are not protected from disclosure.  Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.  Does allow for a public interest exemption.


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Unchallenged

Y2K Liability: HB 1295 (1999)

Colorado|1999

Limits liabilty for all businesses in Y2K actions; provides a

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Limits liabilty for all businesses in Y2K actions; provides a 3-year statute of limitations after the cause of action accrues; limits recovery to actual damages; provides affirmative defenses and provides immunity for officers and directors


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Unchallenged

Volunteer Immunity: SB 124 (1998)

Colorado|1998

Grants immunity for licensed engineers and architects who volunteer their

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Grants immunity for licensed engineers and architects who volunteer their services during a declared emergency or disaster


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Unchallenged

Volunteer Immunity: HB 1071 (1999)

Colorado|1999

Provides immunity for licensed physicians from civil liability while performing

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Provides immunity for licensed physicians from civil liability while performing volunteer services


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Unchallenged

SB 80 (concerning limitations on liability in connection with the sport of skiing)

Colorado

clarifies the 1979 Ski Safety Act’s assumption of risk provision

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clarifies the 1979 Ski Safety Act’s assumption of risk provision by stating: skier accepts and assumes the risk of and all legal responsibility for an injury resulting from inherent dangers and risks of skiing; shortens the Act’s statute of limitations from three years to two years.


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Unchallenged

Parental Liability Waivers: SB 03-253 (2003)

Colorado|2003

Overturned a 2002 Colorado Supreme Court decision (case no. 00SC885,

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Overturned a 2002 Colorado Supreme Court decision (case no. 00SC885, 48 P.rd 1229) which invalidated parental liability waivers signed on behalf of minors.


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Unchallenged

Open Records Act Clarification: HB 1036 (2012)

Colorado|2012

Amends the Colorado Open Records Act to clarify that civil

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Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC v. Waters, which held that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request. Does allow for a public interest exemption.


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Unchallenged

Obesity Litigation Reform: HB 1150 (2004)

Colorado|2004

Exempted from civil liability, manufacturers, packers, distributors, carriers, holders, or

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Exempted from civil liability, manufacturers, packers, distributors, carriers, holders, or sellers of food or an association of one or more such entities when the claim is for weight gain, obesity, a health condition related to obesity or weight gain, or any other injury caused by the long-term consumption of food. The exemption does not apply when the claim is for a material violation of federal or state composition, branding, or labeling standards and the injury was caused by the violation. Finally, H.B. 1150 provided that all proceedings, including discovery, shall be stayed during a motion to dismiss


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Unchallenged

Colorado Notes

Colorado

In 1996, the Colorado Supreme Court established its Committee on

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In 1996, the Colorado Supreme Court established its Committee on the Effective and Efficient Use of Juries using Arizona and California as its models.  Based on the Committee’s recommendations, the legislature eliminated occupation as a lawyer as ground for challenge for cause in a criminal trial and developed a procedure for insuring exemption from the jury pool after service.  The Supreme Court also implemented various comprehension reforms through rule changes, judicial training, and court order.  These include permitting juror notebooks, allowing use of deposition summaries, instructing jurors that note taking is permitted, and experimenting with pre-deliberative discussions through a pilot program.  Although the Committee developed legislation for sanctioning those who do not respond to juror summonses, it does not appear that the legislature enacted this proposal.


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Unchallenged

Inmate Litigation Reform: HB 1226 (2001)

Colorado|2001

Prohibits an inmate from filing a lawsuit until all available

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Prohibits an inmate from filing a lawsuit until all available administrative remedies have been exhausted. Requires an inmate who files more than three lawsuits that are determined to be frivolous be required to pay for filing and processing fees before filing additional lawsuits.


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Unchallenged

HB 1168 (1992)

Colorado|1992

allows judges to refer litigants to alternative dispute resolution systems

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allows judges to refer litigants to alternative dispute resolution systems when available


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Unchallenged

HB 1065 (concerning medical malpractice and “Good Samaritan” provisions)(1990)

Colorado|1990

modifies the certificate of review process in medical malpractice actions

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modifies the certificate of review process in medical malpractice actions to establish the fact that professionals review only the facts of the case; amends the “God Samaritan” statute to provide that hospitals and other health care institutions may also be places of emergency immunity


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Unchallenged

Firefighter Immunity: SB 138 (2014)

Colorado|2014

Extends immunity provided for volunteer firefighters at the scene of

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Extends immunity provided for volunteer firefighters at the scene of an emergency to community volunteers and their organizations. (John Michael Kefalas – D)


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Unchallenged

Employer Reference Liability: HB 1072 (1999)

Colorado|1999

Provides immunity for employers who disclose information concerning job performance

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Provides immunity for employers who disclose information concerning job performance of a former employee to a prospective employer


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Unchallenged

Early Offer of Settlement: HB 03-1027 (2003)

Colorado|2003

Provided that attorney’s fees and costs would be assessed against

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Provided that attorney’s fees and costs would be assessed against plaintiffs who decline an offer of settlement proceed to litigation, and receive a smaller judgment than would have been received if a settlement offer had been accepted.


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Unchallenged

District Judges: HB 1075 (2001)

Colorado|2001

Adds twenty-four district judges to the judiciary to handle the

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Adds twenty-four district judges to the judiciary to handle the growing number of overcrowded cases on the dockets


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Unchallenged

Common Law Defense: HB 1237 (2006)

Colorado|2006

Clarified the applicability of certain statutory provisions in premises liability

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Clarified the applicability of certain statutory provisions in premises liability actions


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Unchallenged

Commission of a Crime: HB 1061 (1993)

Colorado|1993

bars the bringing of a civil action by the perpetrator

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bars the bringing of a civil action by the perpetrator of a crime injured in the commission of the crime, unless the injuries were wilfully inflicted


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Unchallenged

Construction Defect Action Reform Act: HB 1166 (2001)

Colorado|2001

Prohibits damages arising from improvements to residential property provided construction

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Prohibits damages arising from improvements to residential property provided construction complies with the applicable building code or industry standards. A claim for relief must be brought within ninety days of discovering physical manifestations of a defect in the improvement which ultimately causes injury.


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Unchallenged