The Colorado Governmental Immunity Act (CGIA) grants immunity to government entities and their employees in many types of personal injury cases. In order to have a successful claim under CGIA, a notice must be filed within 182 days of the loss and the facts must fall within one of the “waived” areas of sovereign immunity and there must be legal liability involving negligence.

Waivers fall into eight general areas:

  1. Operation of a motor vehicle owned or leased by a public entity, by a public employee while in the course of employment;
  2. Operation of a public hospital, correctional facility or jail;
  3. A dangerous condition of any public building;
  4. A dangerous condition of a public highway, road or street;
  5. A dangerous condition of any public hospital, jail, public facility located in any park or recreational area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility and;
  6. The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical faculty, power facility, or swimming facility by such public entity.
  7. The operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement.
  8. Failure to perform an education employment required background check as described in 13-80-103.9, C.R.S.

The Supreme Court recently considered the reach of the Colorado Government Immunity Act by stating the city (Colorado Springs) was not exempt from tort claims under the CGIA for injuries related to coal tar pollutants created by their use of a public gas facility. Have you or your family been injured due to the negligence of your local city or government? If so contact Larson Larimer Schneider, P.C. to speak to an attorney today.

Echoing an important decision of the Colorado Supreme Court, the United States Supreme Court’s Justices have returned to the bench for the second half of the term. The Justices will hear the oral arguments on many pivotal and controversial subjects, including the latest travel ban, the government’s ability to seize emails stored on foreign servers, and gerrymandering challenges.

On December 5, 2017, the SCOTUS heard oral arguments in our very own Colorado case of Masterpiece Cake Shop v. Colorado Civil Rights Commission. The highest court is set to decide whether Colorado public accommodation anti-discriminatory law violates the First Amendment Free Speech and Free Exercise rights of a baker, whose sincerely held religious beliefs about marriage prevented him from creating a custom-made wedding cake for a same-sex couple. This landmark case is a reminder of the hard work, dedication, and relentless fight for equality and the rights of the individual by both The American Civil Liberties Union and Colorado Trial Lawyers’ Association. The personal injury attorneys at Larson Larimer Schneider are all proud and dedicated members of Colorado Trial Lawyers’ Association.

We’ve seen it a thousand times: Someone falls on ice in an unmaintained parking lot and breaks their wrist; an object falls from above, hitting the person’s head and causing a serious neck injury; an apartment building fails to properly maintain their stairs, and a person crashes down the steps.

These types of cases are known in Denver Colorado as “premises liability” cases. In these types of cases, someone injures themselves on someone else’s land. The landowner’s property is known as a “premises.” The premises can include private property or that of a business owner. These types of cases typically involve dangerous conditions, such as uneven floors, icy conditions, stairs in states of disrepair, and so on.

Cases such as these are governed by the Colorado Premises Liability Statute (C.R.S. § 13-21-115), which asks what the landowner’s duties are with respect to the person on the property. For example, in a situation where someone gets injured on business property, that person would be classified as an “invitee”—otherwise known as a person who is on the landowner’s property for a business purpose. In these types of cases, the landowner owes the invitee a duty to protect the invitee from dangers (or warn about dangers) of which it knew or reasonably should have known about.

These types of cases usually involve more than one responsible party/defendant, because under the statute, more than one person or entity can be a “landowner.” Potential landowners can include the owner of the property, the business leasing the property, or even the maintenance company taking care of the property. Accordingly, these types of cases are typically complex, and require a thorough investigation into potentially responsible parties.

In successful premises liability/landowner responsibility claims were are able to recover such items as a client’s medical expenses (including treatment, rehabilitation, and future medical expenses), time missed from work, as well as the client’s pain and suffering.