State litigation guide · Colorado

Wildfire Damage Lawsuit in Colorado

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Statute of limitations — Colorado

Colorado: 2 years for personal injury, 3 years for property damage (Colo. Rev. Stat. §§ 13-80-102, 13-80-101(1)(a)). Discovery rule applies for latent injuries. Government immunity may apply to claims against public utilities depending on the entity's classification.

2–3 years depending on claim type

Filing venue

Where to File in Colorado

Marshall Fire litigation is concentrated in Boulder County District Court and the U.S. District Court for the District of Colorado (Denver). Class action and individual claims against Xcel Energy have been filed in both venues. Colorado follows a modified comparative fault system (Colo. Rev. Stat. § 13-21-111) where plaintiff recovery is reduced by their percentage of fault and barred if the plaintiff is 50% or more at fault. Colorado does not cap compensatory damages in negligence cases but does limit punitive damages to the amount of actual damages awarded unless the court finds the defendant's conduct was especially egregious. Boulder County's experienced bench and plaintiff-favorable demographics make it a strong venue for wildfire claims.

Colorado data

Exposure in Colorado

The December 30, 2021 Marshall Fire in Boulder County destroyed 1,084 homes and killed two people, making it the most destructive wildfire in Colorado history. Wind gusts exceeded 100 mph during the fire's initial spread.

1,084 homes destroyed

Source: Boulder County / Colorado Division of Fire Prevention and Control

Total estimated losses from the Marshall Fire exceeded $2 billion, including insured and uninsured property damage, business interruption, and displacement costs across Superior, Louisville, and unincorporated Boulder County.

$2B+ estimated losses

Source: Colorado Division of Insurance

Wind gusts during the Marshall Fire exceeded 100 mph — well beyond the design parameters for utility power line infrastructure. Plaintiffs allege Xcel Energy should have de-energized lines under these conditions through a Public Safety Power Shutoff.

100+ mph wind gusts

Source: National Weather Service Boulder / NOAA

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