(4) As used in this section, "person" means an individual, corporation, partnership, or association.

Source: L. 86: Entire section added, p. 685, § 1, effective July 1. L. 87: (2.5) added, p. 553, § 1, effective April 30; (2)(b) amended, p. 372, § 17, effective May 20. L. 92: (2) amended, p. 295, § 1, effective April 23. L. 2003: (2)(b)(I) amended, p. 704, § 22, effective July 1.

"Good samaritan" provisions of this section do not apply where a pre-existing duty exists. Combined Com. Corp. v. Pub. Serv. Co., 865 P.2d 893 (Colo. App. 1993).

Section is inapplicable to real estate broker found to have breached duty of care to plaintiff because defendant's actions did not pertain to "public safety" and were not performed gratuitously as an act of a good Samaritan. Rather, the actions were undertaken in order to receive compensation in the form of real estate brokerage commissions. Messler v. Phillips, 867 P.2d 128 (Colo. App. 1993).

A non-profit corporation receiving compensation, even if it does not realize a profit, is liable for personal injuries sustained by a volunteer working for the corporation. Where there is a contractual exchange of money in return for specific services to be rendered and the services rendered are for the benefit of the entity paying the funds, the entity has received compensation. Gilmore v. Concerned Parents of Pueblo, 28 P.3d 963 (Colo. App. 2000), aff'd on other grounds, 47 P.3d 311 (Colo. 2002).

Subsection (2.5) protects from liability people who work as volunteers for designated types of non-profit organizations; it does not, however, insulate those organizations themselves from liability. Concerned Parents of Pueblo, Inc. v. Gilmore, 47 P.3d 311 (Colo. 2002) (overruling Jones v. Westernaires, Inc., 876 P.2d 50 (Colo. App. 1993)).