Monthly Archives: October 2017

Oct 2017 Mass Shooting

Oct 2017 Mass Shooting in Las Vegas: Event & Venue Liability

This is the second of our two-part discussion, Civil Lawsuits Following the October 2017 Mass Shooting in Las Vegas. First, we looked at the potential liability of those in the gun industry (i.e., manufacturers) when their products are used in horrific criminal acts. We next examine potential liabilities that the hotel, resort, casino, and promoter of the concert may face. Ten survivors filed a negligence suit against the hotel, resort, casino, and promoter in Los Angeles County, seeking to recover damages
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Oct 2017 Mass Shooting

Oct 2017 Mass Shooting in Las Vegas: Gun Industry Liability

This is the first of a two-part series concerning the recent mass shooting that left over 50 people dead and hundreds injured in Las Vegas when a gunman perched up in the hotel at the Mandalay Bay Resort & Casino opened fire on a massive concert event crowd below. The shooter is believed to have committed suicide moments after the assault. With the assassin now dead, who else may have potential civil liability associated with this tragedy? As with most of
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Studies Show Potential Correlation

Studies Show Potential Correlation Between Marijuana & Reductions in Opioid Deaths

New research by the American Journal of Public Health indicates that deaths associated with opioids have dropped in Colorado by 6%, just two years after recreational use of marijuana was legalized. This reduction in opioid-caused fatalities was the first of its kind in 14 years. Authors of the report did explain that their results thus far are still preliminary, as it is difficult to rely on data that merely spans a period of only two years. They feel that more research
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Who’s Responsible for Your

Who’s Responsible for Your Opioid Addiction? The Patient, the Doctor, or the Drug Companies?

The Center for Disease Control & Prevention stated that the U.S. had 33,091 deaths in 2015 related to opioids. The National Institute on Drug Abuse defines opioids as a class of drugs including prescription brands such as Percocet, Vicodin and Oxycontin, as well as synthetics including fentanyl, and the illegal drug heroin. In addition to relieving pain, these drugs are known to produce a “high” that creates their propensity for abuse. Colorado has unfortunately earned the second-ranking among states for highest rates
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Duty of Care Questioned

Duty of Care Questioned in Pedestrian Accident Claim in Colorado

Under Colorado law, plaintiffs must prove several things in claims of negligence. First, is that the defendant owed a duty of care to the plaintiff at the time. Once established, it must be determined this duty was breached. Lastly, a causal correlation existed between the defendant’s breach and the injuries incurred. Negligence may be demonstrated through an action, or a failure to take action, which leads to injury recoverable by the plaintiff. Whether a defendant owes a duty is a
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Vicarious Liability – Defective

Vicarious Liability – Defective Vehicle (Product Liability)

This is the fourth (final) part of our series involving vicarious liability. This legal concept potentially makes a vehicle owner liable for the negligent actions of another party, despite not being directly involved. We first looked at when a parent is liable for injuries caused by their child while driving, which involves the Family Car Doctrine. Next, we looked at employer liability for the negligence of their employees (respondeat superior) when operating in the scope of their employment. Lastly, we analyzed
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The Graves Amendment and

The Graves Amendment and Rental Car Liability

This is the third segment of a four-part series that addresses vicarious liability and vehicle accidents. Vicarious liability is a legal doctrine that applies in situations where a party is potentially liable for the harm caused by negligent actions of another, even if the first party did not demonstrate the negligence themselves. It applies in relationships, such as a parent being liable for actions of their child, or, among other examples, an employer being liable for the actions of an
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Vicarious Liability – Company

Vicarious Liability – Company Car (Respondeat Superior)

This is the second part of a series discussing vicarious liability; in particular, how it relates to the relationship between employers and employees. The respondeat superior doctrine makes an employer responsible for torts caused by their employees or others considered agents while operating within the scope of duties of their employment. Essentially, the employee is acting on behalf of the employer when the employer has control, or a right to control the employee’s actions. Another consideration is whether the employee’s actions intended
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Vicarious Liability – Borrowing

Vicarious Liability – Borrowing a Car

Does my insurance cover someone who borrows my car? Whose insurance would pay a claim if the borrower was involved in an accident? These are some questions that will be covered in this four-part Vicarious Liability series. According to Jeanne Salvatore, a spokesperson for the Insurance Information Institute, usually when you lend someone your vehicle, your insurance will cover potential costs of an accident. She noted that the vehicle owner must have granted the borrower permission to use the vehicle–which may be granted verbally.
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Colorado Supreme Court to

Colorado Supreme Court to Decide on License Revocation Statute

The Colorado Supreme Court heard a case involving the admissibility of evidence used in a hearing regarding a driver’s license revocation. The case of Brian Rowland v. The Department of Motor Vehicles challenged the court to interpret the state’s statute. The question is whether the law requires that evidence provided from third-party sources outside of law enforcement must be in the form of an affidavit and sworn to under oath. Rowland was stopped by police who said he was crossing the yellow lane markers
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Arvada 7-Car Crash: Driver

Arvada 7-Car Crash: Driver Who Caused it Used Meth

Christopher Farr, a 43-year-old man from Arvada, was traveling in his Cadillac SUV on Ward Road when he crashed into a Ford F150 pickup causing a multi-car accident that took his life and the lives of three others. It was determined that Farr was under the influence of methamphetamine at the time. Jill McGranahan of the police department explained that it was determined he had 400 nanograms of the drug in his system. Farr, who would have potentially faced criminal charges, had
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3 Fatalities Following SUV

3 Fatalities Following SUV Collision With a Bear on I-70

The Colorado State Patrol (CSP) reported that an SUV hit a bear while traveling on I-70 near Rifle, Colorado that killed three people. After striking the bear, the SUV spun into the opposing lanes of the highway. There were seven people in the vehicle, four of which were taken to hospitals. The bear was killed in the collision and investigators do not suspect alcohol or speed contributed to the accident. This incident is a reminder of the danger along the roadways in
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