{"id":3828,"date":"2025-12-26T19:01:04","date_gmt":"2025-12-26T19:01:04","guid":{"rendered":"https:\/\/lastimadura.com\/?p=3828"},"modified":"2026-02-09T12:33:34","modified_gmt":"2026-02-09T12:33:34","slug":"strict-notice-and-other-limits-for-persons-injured-by-state-government-employees-and-agencies","status":"publish","type":"post","link":"https:\/\/lastimadura.com\/en\/strict-notice-and-other-limits-for-persons-injured-by-state-government-employees-and-agencies\/","title":{"rendered":"Strict notice and other limits for persons injured by state government employees and agencies"},"content":{"rendered":"

The State is historically protected from civil lawsuits under a legal principle called sovereign immunity.\u00a0“At common law, no cause of action existed against a governmental entity.” Brown v. City of Casper<\/em>, 2011 WY 35, 248 P.3d 1136, 1141 (Wyo. 2011). \u00a0Sovereign immunity simply means the state, even when it has negligently caused an accident or injury, is immune from being sued. However, because that sort of blanket immunity from wrongful actions of government agencies and employees can be, in some cases, an \u201cinequitable doctrine,\u201d see C.R.S. \u00a7 24-10-102, \u00a0the Colorado and Wyoming legislatures have both \u00a0passed legislation that create exceptions to the general rule of governmental immunity.<\/p>\n

In Colorado, the exceptions to Sovern immunity fall into eight general areas:<\/p>\n

    \n
  1. Operation of a motor vehicle owned or leased by a public entity, by a public employee while in the course of employment,<\/li>\n
  2. Operation of a public hospital, correctional facility or jail,<\/li>\n
  3. A dangerous condition of any public building,<\/li>\n
  4. A dangerous condition of a public highway, road or street,<\/li>\n
  5. A dangerous condition of any public hospital, jail, public facility located in any park or recreational area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility and,<\/li>\n
  6. The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical faculty, power facility, or swimming facility by such public entity.<\/li>\n
  7. The operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement.<\/li>\n
  8. Failure to perform an education employment required background check as described in 13-80-103.9, C.R.S.<\/li>\n<\/ol>\n

    Source: CGIA Summary | OSC<\/a><\/p>\n

    In Wyoming, claims are allowed for injuries arising from negligent acts or omissions in these areas of activity:<\/p>\n

      \n
    1. Operating a motor vehicle: Wyo. Stat. \u00a7 1-39-105;<\/li>\n
    2. Operating a building or park: Wyo. Stat. \u00a7 1-39-106;<\/li>\n
    3. Airport operations: Wyo. Stat. \u00a7 1-39 107;<\/li>\n
    4. Operating public utilities (gas, electric, water, etc.) and ground transportation: Wyo. Stat. \u00a7 1-39-108;<\/li>\n
    5. Operating hospitals: Wyo. Stat. \u00a7 1-39-109; and<\/li>\n
    6. Torts of police: Wyo. Stat. \u00a7 1-39-112.<\/li>\n<\/ol>\n

      Each state\u2019s legislation has strict requirements that the government agency and\/or employee that is alleged to have negligently caused injury must be provided timely written notice of the claims, before any lawsuit can be filed.\u00a0 To comply with Wyoming’s Governmental Claims Act (W.S. \u00a7 1-39-113), formal signed notice must be filed, detailing the injury’s time, place, and circumstances, the involved government entity\/employee (if known), your info, and the relief sought, within\u00a0two years<\/strong>\u00a0of the injury, sending it to the state’s Risk Management Section for claims against the state<\/p>\n

      Notice must also be filed in Colorado, C.R.S.\u00a0 \u00a7 24-10-109(1), which allows only 182 days to provide notice to the governmental agencies and employees:<\/p>\n

      “Any person claiming to have suffered an injury by a public entity or by an employee thereof while in the course of such employment, whether or not by a willful and wanton act or omission, shall file a written notice as\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0provided in this section within one hundred eighty-two days after the date of the discovery of the injury, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury. Compliance with the provisions of this section shall be a jurisdictional prerequisite to any action brought under the provisions of this article, and failure of compliance shall forever bar any such action.”<\/p>\n

      Under CRS \u00a7 24-10-106(2), the notice must contain:<\/p>\n