Chapter 2 - § 2.2 LIMITED RIGHT OF ACTION UNDER C.R.S. § 13-21-201

• Jurisdiction: Colorado

§ 2.2 LIMITED RIGHT OF ACTION UNDER C.R.S. § 13-21-201

In certain limited circumstances, a claim for wrongful death may also be asserted under C.R.S. § 13-21-201(1). This statute creates a cause of action for death caused by the negligence or fault of the owner or operator of a railway, or the owner or operator of a business that conveys freight or passengers for hire. The maximum amount of damages recoverable under C.R.S. § 13-21-201(1) is $10,000. Pursuant to C.R.S. § 13-21-203(1), an action may not be brought under both § 13-21-201 and § 13-21-202, and the plaintiff must elect under which section he or she will proceed. However, since damages recoverable under § 13-21-201 are limited to $10,000, it is impossible to imagine a situation in which any plaintiff would elect to proceed under that statute rather than § 13-21-202.¹ Section 13-21-201(1), which has survived...