 Justin Miller
The Colorado Governmental Immunity Act (CGIA) generally protects the state and its political subdivisions from lawsuits, but outlines specific exceptions where immunity is waived, allowing claims against public entities under certain conditions. It's designed to balance the need for governmental services with the rights of individuals injured by government actions. Key aspects include:
1. General Immunity: The CGIA establishes sovereign immunity, meaning public entities are generally immune from tort claims, unless explicitly waived by the Act.
2. Exceptions to Immunity: The CGIA lists specific situations where immunity is waived, allowing lawsuits against public entities. These include:
Dangerous condition of public property:
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This allows claims for injuries caused by hazards on public buildings, roads, highways, and other public facilities.
Operation of public transportation:
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Claims arising from the operation of motor vehicles owned or leased by a governmental entity are permitted.
Public hospitals, correctional facilities, and jails:
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Injuries occurring within these facilities may be actionable.
Other specific waivers:
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The CGIA also outlines other limited exceptions, such as claims related to the operation of public water and sanitation facilities.
3. Notice Requirements: A crucial aspect of the CGIA is the requirement to file a written notice of claim within 182 days of the incident, with specific details about the incident and the public entity involved.
4. Liability Limits: Even when immunity is waived, the CGIA places caps on the amount of damages that can be recovered. These limits are adjusted periodically for inflation.
5. Protection for Public Employees: The CGIA also aims to protect public employees from undue liability, ensuring they can perform their duties without fear of excessive personal lawsuits.
6. Importance of Legal Counsel: Due to the complexities of the CGIA, individuals pursuing claims against public entities should seek legal counsel from an attorney experienced in governmental immunity law. |