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Ex. DUT-CO-014 Standing duty Primary source read

C.R.S. § 13-21-115 (Actions against landowners)

Actions against landowners

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018) · Colorado (State)

The COVID Project

The record

Jurisdiction
Colorado
Level
State
Authority
C.R.S. title 13, art. 21 (Damages), § 13-21-115 (Premises Liability Act, enacted 1986, amended 1990 and 2006)
Issued
2018-10-01 Oct. 1, 2018
Effective
In force throughout 2020 Q2 - 2021 Q3 (read as 2018-10-01)
End
standing (read as 2021-09-30)
In force
Standing since Oct. 1, 2018 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • owners or persons in control of premises (every business occupying premises open to customers)
Character
statutory duty
Collection
Standing duties: Colorado DUT-CO

Operative words

an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.

Penalty

Civil liability in damages

What it required

Imposed on every landowner, defined to include 'an authorized agent or a person in possession of real property and a person legally responsible for the condition of real property or for the activities conducted or circumstances existing on real property,' a duty of reasonable care to protect invitees (customers and others entering 'to transact business' or on the landowner's representation 'that the public is requested, expected, or intended to enter or remain') against dangers the landowner knew or should have known of; with no COVID-19 shield enacted, this was the civil standard of care for every Colorado business open to the public.

Retrieval note

Pin: p. 225 of the OLLS 2018 Title 13 PDF. Subsection (1) verbatim: "For the purposes of this section, 'landowner' includes, without limitation, an authorized agent or a person in possession of real property and a person legally responsible for the condition of real property or for the activities conducted or circumstances existing on real property." Definition of invitee (2018 numbering (5)(a)): 'a person who enters or remains on the land of another to transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner's express or implied representation that the public is requested, expected, or intended to enter or remain.' The current code (FindLaw, current as of Jan. 1, 2025) carries the invitee sentence at (4)(c)(I) and the definition at (7)(a); the renumbering act and date were not verified in this packet. § 25-1-114(4) (Ex. DUT-CO-003) preserves 'any civil action in damages that may exist for an injury resulting from any violation of the public health laws'.