Can Governmental Employees be Sued for Causing Accidents?

Colorado’s Governmental Immunity Act (“CGIA”) gives state and local governments immunity from lawsuits under certain circumstances. The rationale behind the law was that governmental employees provide essential public services, which could be disrupted or made prohibitively more expensive if governmental employees faced unlimited liability. Accordingly, if you or a loved one has been injured by a governmental employee or on government property, you may be limited in your ability to receive compensation. 

Are There Exceptions to Governmental Immunity in Colorado?

The CGIA partially waives immunity for certain claims against government agencies and employees in the following situations:

1. Operation of a motor vehicle owned or leased by a public entity, by a public employee while in the course of employment;
2. Operation of a public hospital, correctional facility or jail;
3. A dangerous condition of any public building;
4. A dangerous condition of a public highway, road or street;
5. A dangerous condition of any public hospital, jail, public facility located in any park or recreational area maintained by a public entity;;
6. The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical faculty, power facility, or swimming facility by such public entity;
7. The operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement;
8. Failure to perform an education employment required background check as described in 13-80-103.9, C.R.S.

What Requirements are Necessary to Pursue a CGIA Claim in Colorado?

If you or a loved one has been injured due to the negligence of a government employee or on government property, you must file a written notice of claim within 182 days of the date the injury occurred. This is not to be confused with the Statute of Limitations, the required time in which a lawsuit must be filed. In addition, the notice must contain the following information: 

• The name and address of the claimant and the name and address of his attorney, if any;
• A concise statement of the factual basis of the claim, including the date, time, place, and circumstances of the act, omission, or event complained of;
• The name and address of any public employee involved, if known;
• A concise statement of the nature and the extent of the injury claimed to have been suffered; and
• A statement of the amount of monetary damages that is being requested.

What are the Limitations on Damages in a CGIA Claim in Colorado?

The CGIA limits the amount of money that can be recovered. Depending on the type of claim, the maximum amount that can be recovered for a single occurrence is $387,000.00.

Do I Need an Attorney to Handle my CGIA Claim in Colorado?

CGIA is a complex statute that involves notice requirements, claim limitations, and other issues that are best handled by an experienced attorney. At Bowman Law, we have helped thousands of people navigate their CGIA claims. Please contact us today by calling 720.863.6904 or email us for your free consultation. Our lawyers handle a wide range of personal injury cases, including Motor Vehicle Accidents, Bicycle Accidents, Pedestrian Accidents, Slip & Fall Accidents, and Dog Bites & Attacks. We service Arvada, Aurora, Boulder, Broomfield, Denver, Commerce City, Lakewood, Littleton, Thornton, Westminster, Wheat Ridge, and other parts of metropolitan Denver, Colorado.