Colorado § 33-44-104 - Negligence - civil actions.
Full text of Colorado Colorado Revised Statutes § 33-44-104 — Negligence - civil actions., with citation guidance and answers to common questions.
§ 33-44-104. Negligence - civil actions.
(1) A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.
(2) A violation by a ski area operator of any requirement of this article 44 or any rule promulgated by the passenger tramway safety board pursuant to section 12-150-105 (1)(a) shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of such operator.
(3) All rules adopted or amended by the passenger tramway safety board are subject to sections 24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b), C.R.S.
Source: L. 79: Entire article added, p. 1238, § 1. effective July 1. L. 80: (3) amended, p. 789, § 28, effective June 5. L. 81: (3) amended, p. 1179, § 10, effective July 1. L. 94: (2) amended, p. 1644, § 74, effective May 31. L. 2016: (3) amended, (HB 16-1192), ch. 83, p. 235, § 23, effective April 14. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1721, § 224, effective October 1.
ANNOTATION
Law reviews. For article, "Colorado Ski Law in the 21st Century -- Part 2: The No-Duty Doctrine for Ski Area Operators After Redden", see 52 Colo. Law. 54 (July-Aug. 2023).
This article applies to ski accident cases and not § 13-21-115. Calvert v. Aspen Skiing Co., 700 F. Supp. 520 (D. Colo. 1988).
This article would apply to ski accident cases which involve dangerous conditions that are ordinarily present at ski areas and § 13-21-115 would protect skiers against those dangerous conditions that are not commonly present at ski areas. Giebink v. Fischer, 709 F. Supp. 1012 (D. Colo. 1989).
A ski operator's negligence, which is established by a statutory violation of the Ski Safety Act that causes injury to a skier, is not an inherent danger or risk of skiing. Doering ex rel. Barrett v. Copper Mtn., Inc., 259 F.3d 1202 (10th Cir. 2001).
Although the general assembly specifies in this section that any violation of statute or rule is negligence per se, in the absence of clear legislative intent to the contrary, this statutory remedy does not bar preexisting common law rights of action. The provisions of this section act to supplement, rather than bar, common law actions in ski lift accident cases. Bayer v. Crested Butte Mtn. Resort, 960 P.2d 70 (Colo. 1998).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 33-44-104
What does Colorado Revised Statutes § 33-44-104 cover?
Section 33-44-104 ("Negligence - civil actions.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 33-44-104?
A common citation format is "Colorado Revised Statutes § 33-44-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 33-44-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.