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<br />
<br />Governmental Immunity
<br />
<br />24-10-106
<br />
<br />in ~fT\.'ct
<br />
<br />in to,t ,ega,dless of whet he, that may be the type of action 0' the fo,m
<br />of ,elief chosen by the claimant except as p,ovided otherwise in this section.
<br />Sove,eign immunity is waived by a public entity in an action' fo, injuries
<br />,esulting from:
<br />(a) The operation of a moto, vehicle. owned 0' leased by such public
<br />entity. by a pUDlle emptilY." whilo: In ,he cou'se of his employment. except
<br />emergency vehicles ope,ating within the p,ovisions of section 42-4-106 (2)
<br />and (3). C,R.S.;
<br />(b) The ope,ation of any public hncp;'" co"ectional facility. as defined
<br />in section 17-1-102. CoR.S.. 0' jail by such public entity; -
<br />(r) ~ n:lngprnllc rnnctiriSl" of any public building;
<br />(d) A dangerous condItion of a public highway. ,oad. 0' st,eet which
<br />phYSIcally IRte,le,es wtth the movement of t'affic on the paved portion. if
<br />paved. or on the portion customa,ily used fa, t,avel by moto, vehicles. if
<br />unpa"ed. of any public highway. ,oad. st'eet. 0' sidewalk within the co'po-
<br />,ate limits of any municipality. 0' of any highway which is a 'part of the
<br />federal interstate highway system 0' the fede,al p,imary highway system.
<br />0' of any highway which is a part' of the fede,al secondary highway system.
<br />0' of any highway which is a part of the state highway system on that portion
<br />of such highway, road. st'ect. or sidewalk whiCh was designed and intended
<br />for public travel 0' parking the,eon. As used in this section. the ph,ase
<br />"physically intert~'es wilh l/1e movement of J,affic" shall not include t,affic
<br />, signs. signals. 0' markings. 0' the lack the,eof. but shall include the failu,e
<br />to ,epai, a stop sign 0' a yield' sign which 'eassigned the ,ight-of-way 0'
<br />the failu,e to repai, a t,affic cont,ol signal' on which conflicting di,ections '
<br />a,e displayed. if such failure constituted a dange,ous condition as defined
<br />in section 14-10-103 {Il,
<br />(el A dangerous condition of any public hospital. )311. public facility
<br /><--foe,fed In any pa,k 0' ,ec,eallon a,ea rr,aintained by a public entity, 0' public
<br />wate'. gas. sanitation. elect,ical. powe,. 0' swimming facility. Nothing in
<br />this pa,agraph (e) 0' in parag,aph (d) of this subsection (I) shall be construed
<br />to p,event a public entity f,om asserting sove,eign immunity fo, an injury
<br />caused by the natu,al condition of any unimproved p,operty. whethe, 0'
<br />not such property is located in a park or ,ec,eation a,ea or on a highway.
<br />,oad. 0' street ,ight-of-way.
<br />(I) The operation and maintenance of any public wate, facilitv .as facil-
<br />ity.. sanitation facilitv. elect,ical facilitv. ower facilitv. 0' swimming facility
<br />y suc pu hc entity.
<br />(2) Nothing in this section 0' in section 24-10-104 shall be const,ued
<br />10 constitute a waive, of sove,eign immunity whe,e the injUry a,ises f,om r
<br />the act. 0' failu,e to act. of a public employee whe,e the act is the type
<br />of act fo, which the public employee would be 0' he,etofo,e has been pe'son-
<br />ally immune f,om liability.
<br />(3) In addition to the immunity p,ovided in subsection (I) of this section. \
<br />a public entity shall also have the same immunity as a public employee fa,
<br />any aCI or failure 10 aCI fo, which a public employee would be or he,etofo'e
<br />has been pe,sonally immune f,om liability.
<br />(4) No ,ule of law imposinlLabsolute.QJ' st,ict liability shall be applied
<br />in any action against a public enllly 0' a public emPloyee fo, an injury ,esult-
<br />ing f,om a dangerous condition of. 0' the ope,ation and maintenance ,of.
<br />
<br />rnmunicy
<br />Denter
<br />110 ha"e
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<br />fequire-
<br />liability
<br />)r3. ":'..45
<br />'d under
<br />reenOlct.
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<br />article
<br />,hethe,
<br />timant.
<br />in this
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<br />within
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<br />hall be
<br />ardless
<br />,sen by
<br />p1.iance
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<br />, Sess..
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<br />I..'rns lhe
<br />'y duty.
<br />bk" 19J
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