Colorado is One Step Closer to Increasing Damages Caps Under the Colorado Governmental Immunity Act
By Daniel E DAngelo Esq on February 28, 2013
On February 27, 2013, Senate Bill 13-203 Concerning an increase in the limitation on the amount of damages that may be recovered by an injured party under the “Colorado Governmental Immunity Act” (CGIA) was referred to the Committee of the Whole with a recommendation that it be placed on the consent calendar.
Under the current bill language, section 1 of the Colorado Governmental Immunity Act, C.R.S. Sec. 24-10-114, will increase the amount of damages recoverable from public entities and public employees for a single person from $150,000 to $350,000, and for injury to two or more people per occurrence from $600,000 to $990,000 but in that case no person shall recover more than $350,000. The damages cap shall also be adjusted by the Colorado Secretary of State on or before January 1, 2018, and on January 1 every four years thereafter based on the percentage change, over the four year period before the adjustment, in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-Boulder-Greeley, all items, all urban consumers, or its successor index.
If the bill becomes law, it will be effective for all injuries occurring on or after July 1, 2013.
Notably, the original house bill would have increased the amount for a single person to $478,000, the State Attorney General was selected to adjust for the CPI, and it would have been effective for civil actions filed on or after July 1, 2013.
The proposed damages caps for the CGIA would be more in line with some of the other caps on damages in Colorado for claims pursuant to C.R.S. Secs. 12-47-801 “Claims against Alcohol Vendors, i.e. Colorado Dram-Shop Act” at $280,810; C.R.S. Sec. 13-21-102.5 “Limitations on Damage for Non-Economic Loss or Injury” at $468,010; and, C.R.S. Sec. 13-21-203 “Limitations on Damages Involving Death” at $436,070.
