Current through 2022 Legislative Session and 11/8/2022 Election
Section 13-20-1205 - No contributory negligence - interest on damages - limitation on damages(1) Notwithstanding sections 13-21-111 and 13-21-111.5, a court or jury shall not allocate any damages awarded in an action brought pursuant to this part 12 in any proportion against a victim of sexual misconduct.(2) Notwithstanding section 13-21-101, prejudgment interest on a claim brought pursuant to this part 12 does not begin to accrue until the plaintiff files the claim pursuant to section 13-20-1202.(3) The maximum amount that may be recovered in a claim brought pursuant to this part 12 is: (a) For a claim brought against a public employee or public entity, as provided in section 13-20-1207; and(b) For any other claim, five hundred thousand dollars; except that if the court finds by clear and convincing evidence that the defendant failed to take remedial action against a person or persons the defendant knew or should have known, based on information that, at the time of the incident, was in the defendant's possession or was publicly or readily available through commonly used practices, posed a risk of sexual misconduct to a minor and that the application of such limitation would be unfair, the court may award in excess of the limitation up to the amount of damages awarded by the jury. In no case shall the total amount awarded to a plaintiff exceed one million dollars.Added by 2021 Ch. 442,§ 2, eff. 1/1/2022.Entire part added, (SB 21-088), ch. 2926, p. 2926, § 2, effective January 1, 2022.