Colorado Large Animals Pose Road Risk

According to an annual deer-vehicle collision study, you have a 1 in 253 chance of hitting a large animal while driving in Colorado. In 2017, State Farm reports, Colorado moved up one position ranking to No. 36 across the nation for where you’re most likely to hit large wildlife. The Insurance Institute for Highway Safety reports that in 2015, seven motor vehicle deaths occurred due to vehicle collisions with large animals in Colorado. And we are just entering high season for such collisions. The most common month for collisions is November, followed by October. And CDOT reminds drivers that the…

When to Break Into a Car

A new Colorado law went into effect last month which protects individuals who break into a stranger’s vehicle to save a life – but certain steps must be undertaken to avoid liability or criminal charges. The rescuer must have a reasonable belief that the person or animal is suffering serious bodily harm. Then an attempt must be made to locate the owner of the vehicle or contact law enforcement. As a last resort, the new law allows the rescue by breaking into the vehicle. In Denver, it is a crime to leave an animal in dangerous conditions, such as a…

Student Safety with New School Year

If you have children walking to school, walk the route several times with them so it becomes familiar. Have children always walk on a sidewalk if possible and always use a crosswalk for crossing a street. If no sidewalk is available, then walk facing traffic. Remind your children that drivers can get distracted, so pay attention and stay visible when crossing the road. This means crossing in front of cars and buses, not behind, and to avoid texting while walking. If your children will ride a bike to school, instruct them on the proper use of hand signals to communicate…

Continued Conglomeration of Major Ski Resorts

A joint 7/31/17 press release from KSL Capital Partners and Henry Crown and Co. announced the completion of the acquisition of Intrawest Resorts Holdings and Mammoth Resorts. A new company has been formed, Squaw Valley Ski Holdings, which now owns 12 mountain resorts: Squaw Valley, Alpine Meadows, Mammoth Mountain Ski Area, Snow Summit, Bear Mountain and June Mountain in California; Steamboat Ski & Resort and Winter Park Resort in Colorado; Blue Mountain Ski Resort in Ontario; Mont Tremblant Resort in Quebec; Stratton Mountain Resort in Vermont; and Snowshoe Mountain Resort in West Virginia. The Crown family also owns the Aspen…

Don’t Throw Out That Phone, My Friend

Mueller v. Swift should be a guidepost for future litigation involving electronically stored information (ESI). In the new age of electronics, individuals must take every step to be sure all data is being preserved. Just as in keeping a paper trail when wanting to document all conversations, one should be keeping an entire electronic trail as well. Spoliation of evidence will play a key role in this case. This has become a large issue in modern litigation and has garnished attention and concern. Many courts that have already addressed this issue place sanctions on parties when there is failure by…

Your Right to Review

Consumers are rating everything from medical care to margaritas, leaving businesses unhappy when poor reviews pop up online. In March of 2017 a new federal law went into effect, protecting consumers from bullying by companies afraid of posted reviews. The Consumer Review Fairness Act was signed by President Obama following bipartisan support in Congress. According to the Federal Trade Commission: The Consumer Review Fairness Act makes it illegal for companies to include standardized provisions that threaten or penalize people for posting honest reviews. For example, in an online transaction, it would be illegal for a company to include a provision…

No Flood of Lawsuits

Like so much “common wisdom” of our culture, the view that our court system is flooded with lawsuits filed by “trial lawyers” has no factual support. The Wall Street Journal (WSJ) reported this week on statistics provided by the National Center for State Courts, showing a dramatic decrease in personal injury lawsuits. In 1993, about 10 in every 10,000 Americans filed a tort claim but in 2015, the average had dropped to fewer than 2 in every 1,000 people. WSJ notes that industry groups, particularly the U.S. Chamber of Commerce, have promoted the perception of lawsuit abuse have effectively demonized…

Cocktails Result in Crashes

During the heat of the summer it is often tempting to cool off with your favorite cold alcoholic beverage, but preventing drinking and driving is a top priority for Colorado State Patrol. Though the CSP reports a 3.4% decrease in the number of DUI/DUID accidents for the first half of 2017 over the same period of 2016, that still represents 255 crashes resulting in injuries or fatalities. And the Colorado Supreme Court also favors strict enforcement of the state’s DUI laws. Just this spring, the state supreme court heard three cases challenging prosecution of DUI charges: one challenged blood tests…

Enjoy a Safe Fourth of July

Before purchasing fireworks for personal use, check your local ordinances and restrictions. Fireworks of all types are illegal for personal use in Denver. In Jefferson County, illegal fireworks include firecrackers, cherry bombs, M-80’s and Roman candles. Obviously, the safest plan for enjoying fireworks is to attend a public show planned and executed by professionals. But if you have a pyrotechnic urge you can’t ignore then remember to always wear eye protection and have a bucket of water close by for emergencies. Follow instructions on the packaging and if a firework fails to light, then dowse it and throw it away.…

Keep Cool by the Pool

On average, ten unintentional drowning deaths occur each day and one in every five victims is a child age fourteen or younger. And the Center for Disease Control reports that nearly 80% of fatal drowning victims are male. Youngsters are most likely to drown in a home pool. The greatest protection against drowning is to learn to swim, but that is not sufficient for avoiding an accident. Children should always be supervised by an undistracted adult, and preschool children should always be within arms’ reach of the supervising adult. Toys such as foam noodles or blow-up floats are not safety…