Exploring the Wilderness of Colorado and Understanding the Governmental Immunity Act

During the summer, Colorado is like a playground for those who enjoy hiking, rock climbing, and camping. These are the main hobbies and lifestyles here, luring adrenaline junkies to Colorado’s state parks. But with thrill comes risk; these arduous activities sometimes lead to tragic incidents.

When injuries occur due to possible negligence in state-maintained areas, such as trails or campsites, a person must navigate complicated factors involving the Colorado Governmental Immunity Act. If you wish to get in touch with an expert regarding the matter, consider speaking to Amy Gaiennie, a personal injury attorney at Amy G Injury Firm.

This article covers this statute in detail with respect to outdoor injuries in natural areas within Colorado.

Understanding Sovereign Immunity in Colorado

Like most states and other governments worldwide, Colorado is protected by a legal concept called sovereign immunity. This archaic rule states that government entities cannot usually be sued for various injuries or damages emanating from their actions or omissions.

This traces back to historical times whereby the axiomatic expression "the king can do no wrong" was literally applied in the various monarchies. It implied that because the king was sovereign, he could not be dragged into the courts of law over grievances by his subjects. This principle trickled down the ages and morphed into what we now consider as sovereignty immunity in modern governance.

For individuals who get injured while visiting state parks or through the negligence of public employees, this doctrine presents some tricky waters should they decide to file a claim against Colorado or any governmental entity.

Colorado Governmental Immunity Act

Immunity under the Colorado Governmental Immunity Act, defined under CRS §§24-10-101 et seq., is not an absolute shield for state entities; there are specific instances where you can legally challenge it.

First and foremost, if your injury is the result of a non-immune act of a public employee within the course and scope of their employment, such as a poorly maintained trail in a state park, perhaps, and only then, does the door to file your claim creak open. Additionally, in some specific tort claims, such as those related to motor vehicle accidents where one or more of the involved vehicles are government-owned, action may be taken against governmental agencies.

Power to Waive Immunity in Colorado

Even though a state such as Colorado enjoys the immunity of sovereignty, it can still waive that protection and allow itself to be sued under certain conditions. That waiver is tantamount to assuming responsibility and allowing victims to seek compensation before a court of law.

This is legally achieved by certain legislation that details under what circumstances the state agrees to drop its cloak. One such unique example is the Claire Davis School Safety Act, which permits filing claims against schools regarding acts of violence that arise due to negligence in school safety. Such rules and regulations illustrate how the legislature can develop the law to address society's needs and events that have turned horribly sour. While offering a means of redress where one has been closed.

Colorado State Park Filing a Claim Following Outdoor Accident

One needs to provide notice to the proper agency, that is, whoever manages the park in which one has had his or her injury. That notice has to be served within 180 days of an injury.

It is of a high order of importance that one not miss the time to serve notice. Otherwise, the claim will be denied.

Once your notice is fired off and Colorado does not have to waive its immunity and accept liability- a guarantee that is also not offered- the next step will be filing a formal claim. This involves writing down your injuries, how they happened, and outlining incurred damages.

Then comes the waiting part. They have 90 days to answer whether to settle or fight the claim. If the news is not great or no settlement is reached at that time, then the course of legal action may be advised.

Why a Well-Versed Lawyer Counts

Trying to deal with all the legalities after an accident at state parks is like trying to follow a super-detailed trail map, you'd better know exactly where you're stepping. That's why, when you are concerned with such cases, having a lawyer with knowledge in such cases can definitely help you out big time. They understand all the minutiae of lawful claims and are able to strategize the most optimal moves that will maximize your chances of winning.

More importantly, it can deal with knocking off legal headaches from outdoor fun gone sour. It takes good advice from a legal professional to clean up those bumpy rides toward justice and damages.