Current through 11/5/2024 election
Section 13-21-1205 - Damages - woman injured by the unlawful termination of a pregnancy(1) A woman may bring an action for damages in accordance with this part 12 against any person who intentionally, knowingly, or recklessly caused an unlawful termination of her pregnancy.(2)(a) The action authorized in this section is in addition to, and does not limit or affect, other actions available by statute or common law, before or after July 1, 2014.(b) Nothing in this part 12 is intended to alter, replace, limit, supersede, or in any way restrict any provision of the "Health Care Availability Act", article 64 of this title, or any successor statute.(3) The standard of proof for establishing liability under this section is proof by a preponderance of the evidence.(4) A woman entitled to bring an action under this section may recover the following damages:(a) Her own economic damages;(b) Her own noneconomic damages; and(c) Exemplary damages to the extent permitted by section 13-21-102, or any successor statute.Added by 2014 Ch. 379, §2, eff. 7/1/2014.L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.