Statutes of Limitations (COLORADO)

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Personal Injury (arising out of use of motor vehicle) - 3 yrs.* [C.R.S.A. § 13-80-101]

Personal Injury (not arising out of use of motor vehicle) - 2 yrs.* [C.R.S.A. § 13-80-102]

Wrongful Death - 2 yrs. (from date of death) [C.R.S.A. § 13-80-102]

Med Mal - 2 yrs. after cause of action accrues, but no later than 3 yrs. from act/omission [C.R.S.A. § 13-80-102.5]

Property Damage (arising out of use of motor vehicle) - 3 yrs.* [C.R.S.A. § 13-80-101]

Property Damage (not arising out of use of motor vehicle) - 2 yrs.* [C.R.S.A. § 13-80-102]

Product Liability - 2 yrs.* [C.R.S.A. § 13-80-106] (except Breach of Warranty - 3 yrs.)

Contracts (Written and Oral) - 3 yrs. [C.R.S.A. § 13-80-101]

Contracts for Sale (goods) and Breach of Warranty - 3 yrs. (from tender of delivery) [C.R.S.A. § 4-2-725]

Caution: All actions accruing outside Colorado (if the limitation of the place where the action accrued is greater than that of Colorado) - 3 yrs. [C.R.S.A. § 13-80-101] 

 

*”Discovery rule” applies (cause of action accrues on the date both the injury and its cause are known/discovered or should have been known/discovered by the exercise of reasonable diligence) [C.R.S.A. § 13-80-108]

 

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Statutes of Repose (COLORADO)

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Products (manufacturing equipment only) - 7 yrs. [C.R.S.A. § 13-80-107].  Also, Rebuttable Presumption that a product was not defective 10 yrs. after the product was first sold [C.R.S.A. § 13-21-403]

Construction of Real Property - 6 yrs. (but may sue within 2 yrs. from occurrence if cause of action arises during 5th or 6th year) [C.R.S.A. § 13-80-104]

 

 

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Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (COLORADO)

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All Public Entities - Notice within 182 days, Suit within 2 yrs. (for some actions) or within ordinary statutes (for some actions) (also, suit cannot be filed until the public entity has denied the claim or until after 90 days has passed following the notice of claim) [C.R.S.A. §§ 24-10-109; 13-80-102].

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Comparative Negligence (COLORADO)

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Modified Comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 50% at fault) [C.R.S.A. § 13-21-111]

 

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Made Whole Doctrine (MWD) (COLORADO)

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MWD was codified in 2010.  The statute provides that reimbursement/subrogation is permitted only if Insured has first been fully compensated.  Any policy provisions to the contrary are void as against public policy.  If Insured recovers less than the total amount of coverage available under Tortfeasor’s liability insurance or UM/UIM coverage, there is a rebuttable presumption that Insured has been fully compensated.  If Insured recovers an amount equal to the total amount of coverage available under all Tortfeasor’s liability insurance or UM/UIM coverage, there is a rebuttable presumption that Insured has not been fully compensated.  If Insured obtains a judgment, the amount of the judgment is presumed to be the amount necessary to fully compensate Insured.  Insurer must accept a reduction in the claim proportionate to the atty fees and expenses incurred by Insured in making recovery.  The statute further provides that any disputes regarding entitlement to reimbursement/subrogation must be resolved by way of arbitration, and the statute established the applicable arbitration process.  Insurer cannot bring a direct action for subrogation/reimbursement against Tortfeasor unless Insured has not pursued a claim against Tortfeasor by 60 days before the statute of limitations. [C.R.S.A. § 10-1-135]

 

 

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Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (COLORADO)

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Recognized/applied in construction cases and products cases [Town of Alma v. AZCO Const., Inc., 10 P.3d 1256 (Colo. 2000); Jardel Enterprises, Inc. v. Triconsultants, Inc., 770 P.2d 1301 (Colo. App. 1988)].  Although home builders generally owe an independent duty in the construction of homes such that homeowners can typically sue in tort for negligent construction, this duty is only owed to subsequent purchasers and transferees [S K Peightal Engineers, LTD v. Mid Valley Real Estate Solutions V, LLC, 342 P.3d 868 (Colo. 2015)].   

 

There are 2 potential exceptions: 

 

First, ELD does not apply to cases involving negligent misrepresentation [Colorado Nat. Bank of Denver v. Adventura Associates, L.P., 757 F.Supp. 1167 (D. Colo. 1991)].

 

Second, ELD may not apply in strict liability product cases because strict products liability imposes a duty on the manufacturer, outside any contractual duty, to act reasonably in the design/manufacture of the product [Loughridge v. Goodyear Tire and RubberCo., 192 F.Supp.2d 1175 (D. Colo. 2002)].

 

 

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Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (COLORADO)

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In every action alleging professional negligence of a licensed professional, Plaintiff’s attorney must file a certificate of review for each Defendant declaring that the attorney has consulted a person who has expertise in the area of the alleged negligent conduct, and that said person has reviewed the known facts and has concluded that the filing of the claim does not lack substantial justification [C.R.S.A. § 13-20-602]

 

 

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Landlord/Tenant Subrogation (COLORADO)

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Court will examine the intent of the parties expressed in the lease [U.S. Fidelity & Guar. Co. v. Let's Frame It, Inc., 759 P.2d 819 (Colo. App. 1988)]

 

 

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Reimbursement of Deductible(s) (COLORADO)

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No law available.

 

 

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MedPay and PIP (COLORADO)

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MedPay and PIP - No subrogation allowed and/or no such coverage available.

 

 

 

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Liability of Parents (COLORADO)

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$3,000 for malicious or willful acts [C.R.S.A. § 13-21-107].  $250 for shoplifting [C.R.S.A. § 13-21-107.5].  Negligence or willful misconduct of a minor driver is imputed to the person who signed the affidavit of liability which accompanied the permit/license application [C.R.S.A. § 42-2-108].

 

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Joint Liability (COLORADO)

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Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of the fault), unless Defendants acted in concert [C.R.S.A. § 13-21-111.5]

 

 

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Independent Cause of Action for Intentional or Negligent Evidence Spoliation (COLORADO)

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Not addressed/recognized.

 

 

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Conflicts of Law (COLORADO)

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Torts - Colorado will apply the law of the state with the most significant relationship with the occurrence/parties involved [First Nat. Bank in Fort Collins v. Rostek, 182 Colo. 437 (1973)].  Contracts - Presumption that the state where the services are to be performed is the state having the most significant relationship is not conclusive and, if another state has a more significant relationship, the law of that state will be applied [Wood Bros. Homes, Inc. v. Walker Adjustment Bureau, 198 Colo. 444 (1979)]