Monthly Archives: March 2017

Sexual Assault on College

Sexual Assault on College Campuses

Sexual assault is any variety of sexual contact or conduct that happens which lacks explicit consent by the receiver. Examples include forced intercourse, child molestation, incest, groping, and attempted rape. Someone who submits based on fear is not consenting. These acts of power or control usually are committed by perpetrators that the victim knows. Sexual activity that lacks consent is assault; those heavily intoxicated are at higher risk of being assaulted. University of Colorado’s Large Study A study named The
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Colorado Senate Bill to

Colorado Senate Bill to Revise Rule Evidence of Insurance in Civil Actions for Damages

The Colorado Legislature has a bill in progress to modify the state’s collateral-source rule. In prefacing the potential law, the Senate explained their overall outlook on auto accident liability. They acknowledge the devastating effects that are inflicted including death, severe injury, and property damage as a result of vehicle operator negligence. Another major concern is the increasingly heavy financial burden that responsible drivers face in auto insurance premiums that are partially caused by embellished and inflated billed amounts for medical
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Colorado’s Drug Dealer Liability

Colorado’s Drug Dealer Liability Act

The Colorado’s Drug Dealer Liability Act (DDLA) allows for civil actions against drug dealers. Those who are active in the illegal drug market may face liability for damages incurred by users of their products. There is a similarity between how this Act functions and how actions of consumer product liability do, as it holds a party responsible for the harm caused by their product. The consumer product liability law in CO is geared to target the manufacturer of defective or
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Illinois Family Awarded $16M

Illinois Family Awarded $16M Judgement Against Drug Sellers in Overdose Death

Steven Lorenz was 17 years old when he was sold a fatal dose of amphetamine, which he thought was the drug Ecstasy. His family brought suit under The Illinois Drug Dealer Liability Act (DDLA), which allows drug dealers to be pursued in civil actions for damages caused by the drugs they provide. Steven’s father felt that he should proceed with the case to heighten awareness about the dangers of drugs, and hopefully discourage drug dealing activities. He cited “symbolic” reasons
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Lengthy Truck Accident Liability

Lengthy Truck Accident Liability Case in WY District Court Settled

In 2010, William Schlenker and his son Richard were traveling on a road near Meeteetse at approximately a rate of 50 mph. Defendant Terry Jones was driving a semi-truck pulling a secondary trailer that was overloaded with 30,000 lbs. of hay. Jones took a sharp turn which abruptly sent the load of hay crashing into the Schlenker’s vehicle. Although they were wearing seat belts, William broke a rib and his wrist, while Richard suffered a broken neck. Jones acknowledged fault
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Consumer Product Liability Suits

Consumer Product Liability Suits Likely for Recalled Child Strollers

The U.S. Consumer Product Safety Commission announced a product recall that is underway for Britax child safety strollers which feature their Click & Go receiver mounts. The models involved are the Britax B-Agile and BOB Motion stroller products. Over 600,000 units are believed to have been sold in the U.S and approximately 40,000 throughout Canada and Mexico. These strollers are defined as “folding, single or double occupant” units where the Click & Go receiver attaches the carrier of the car
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Kentucky Supreme Court Reverses

Kentucky Supreme Court Reverses Landlord Liability in Tenant Dog Attacks

In 2012 the KY Supreme Court ruled that landlords may be subject to liability in incidents where a dog owned by their tenant bites someone. The decision includes the property landlord as a “dog owner” in such cases, even if they were unaware of the presence of a dog on the property. This week that ruling was reversed, limiting liability to solely the owner of the animal. Supporters of the reversal cited that landlords were unfairly being subjected to increasing
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St. Patrick’s Day Safety

St. Patrick’s Day Safety a Major Concern in Colorado

On March 17 many celebrate St. Patrick’s Day. Denver is hosting the 55th annual Emerald Celebration Parade, which culminates at Coors Field. Unfortunately, the holiday is also widely celebrated with excessive alcohol consumption and has become a dangerous day on our roadways. Drinking and driving takes roughly 10,000 lives in the U.S. annually. Approximately 30% of traffic fatalities are attributed to driver intoxication. In Colorado last year, over 26,000 arrests were made for DUI, and around 150 alcohol-related traffic accidents
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Colorado Legislature Addressing Rental

Colorado Legislature Addressing Rental Car Damage Liability

Colorado’s Legislature is passing a bill (HB17-1098) explaining financial liability for damage to rental vehicles. Most rental contracts state that rental agencies may collect for costs of repairs, towing expenses, and administrative fees. Recent controversy has related to “loss of use” fees, which cover agency losses when a vehicle is out of service for repair. Colorado law had not discussed this issue prior to a 2012 Supreme Court case. New York and Wisconsin have prohibited recovery of loss of use
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