Colorado

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Colorado pairs 50% modified comparative fault with recently raised med-mal non-economic damages caps under HB 24-1472 — bringing the cap up to $1.5M and reopening case math that the old caps had foreclosed. Add the unique Ski Safety Act, recreational-use immunity, and a state Civil Rights Division, and Colorado has its own legal flavor.

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Common questions about Colorado attorneys

Two years from the date of injury under CRS § 13-80-102 for most negligence claims. Auto-accident cases get a longer 3-year SOL under CRS § 13-80-101(1)(n). Claims against governmental entities require a 180-day Notice of Claim under the Colorado Governmental Immunity Act. Medical malpractice has a 2-year SOL with a 3-year statute of repose under CRS § 13-80-102.5.
HB 24-1472 (2024) substantially raised Colorado’s caps on medical-malpractice non-economic damages. The cap rose to $1.5 million per claimant — up from $300,000 for non-economic damages and $1 million for total damages under the prior framework. The change phases in over several years and indexes annually. The reform was a major change for Colorado plaintiff’s bar after decades of restrictive caps.
Under CRS § 13-21-111, you can recover only if your fault is less than 50%. At exactly 50% or above, you recover nothing. That’s slightly stricter than the 51% bar used in most modified-comparative states. The jury assigns percentages to each party, and your damages are reduced by your share. A 50/50 finding means no recovery in Colorado.
The Ski Safety Act (CRS § 33-44-101 et seq.) limits ski operators’ liability for injuries from inherent risks of skiing — including changing terrain, weather, surface conditions, collisions with other skiers, and lift loading. Skiers assume these risks. Damages against ski operators are capped at $250,000 (with limited exceptions). The Act is one of the strongest recreational-immunity statutes in the country.
HB 22-1317 amended CRS § 8-2-113 to make most non-competes void as against public policy effective August 2022. Narrow exceptions remain: protection of trade secrets, sale-of-business covenants, and "highly compensated" workers earning above an annually-set income threshold (around $112K for 2024). Notice requirements apply, and willful violations can carry $5,000 statutory penalties. The reform substantially restricted Colorado employer leverage.

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