In a lawsuit against a city, the state or another public entity, Colorado governmental immunity is a defense the government will automatically raise. The judge will then pause discovery and allow only evidence about whether the government is immune. That doesn’t necessarily end the lawsuit, though it can delay the case.
Immunity covers many kinds of wrongs. For example, you typically can’t sue the police if they fail to prevent a crime from happening to you. You also generally can’t sue a public employee for something they did on the job, such as a statement they made at work, unless their conduct was willful and wanton.
When Colorado Governmental Immunity Is Waived
Under the Colorado Governmental Immunity Act (CGIA), there are several broad areas where Colorado law waives immunity for claims against a governmental entity. In those areas, the government can be sued.
For personal injury or sexual assault claims against a state or local government agency, some of the waiver areas include:
- Operation of a public motor vehicle by a public employee while working, except emergency vehicles responding to an emergency with lights or sirens and following the emergency driving rules
- Operations at a public hospital, correctional facility, or jail
- A dangerous condition at a public building; public highway, street, or road; public utility; or public swimming facility
If a public vehicle was involved, read Ambulance and Fire Truck Accidents in Colorado.
How Colorado Governmental Immunity Affects Discovery
In most lawsuits, discovery is the process where both sides request and exchange relevant information about the dispute. When a judge limits discovery to Colorado governmental immunity, the focus narrows to that one issue. Our goal at that stage is to uncover evidence showing your case fits an exception where Colorado law waives immunity.
If the judge rules that immunity does not apply, the case can move forward, although the government can appeal that ruling right away. More discovery then follows, focused on the claims themselves.
For how Colorado treats different levels of carelessness, read Ordinary vs. Gross Negligence in Colorado.
Notice Requirements for a Government Injury Claim
Suing the government is different from filing a regular lawsuit. You typically need to give advance notice within about six months (182 days, to be exact) of when you discover your injury. Because that window is short, it helps to talk to a lawyer early.
Talking to a Lawyer About a Government Injury Claim
If a government employee or unsafe public property harmed you, you may be entitled to compensation. We handle personal injury claims against government entities. Call Greer Law at 303-331-6460 or contact us online to schedule a free case evaluation.
