Chapter 10 - § 10.19 PRIOR ACCIDENTS AND INJURIES

• Jurisdiction: Colorado

§ 10.19 PRIOR ACCIDENTS AND INJURIES

➢ Knowledge of Potential Danger. Evidence of a prior similar incident is admissible if offered to establish a material fact, if logically relevant and independent of the inference that the opposing party has a bad character, and if its probative value outweighs any unfair prejudice resulting from its admission. Jacobs v. Commonwealth Highland Theatres, Inc., 738 P.2d 6 (Colo. App. 1986). When evidence of prior accidents is offered to show that the defendant had notice of a dangerous condition at its store, and not that the defendant was negligent, the evidence was admissible. Scharrel v. Wal-Mart Stores, Inc., 949 P.2d 89, 95 (Colo. App. 1997); Alhilo v. Kliem, 2016 COA 142, ¶ 36 (concluding that evidence of motorist's prior alcohol-related driving offenses was relevant to the issue of exemplary damages because the offenses occurred before the collision at issue, and the motorist "admitted that through attending alcohol education classes and victim impact panels . . . he had learned about the dangers and consequences of alcohol impairing the ability to drive safely").

➢ Punitive Damages. Evidence of similar incidents is admissible to demonstrate that a plaintiff is entitled to exemplary damages if it provides evidence of the "defendant's continued failure to correct a dangerous condition known to it." Jacobs v. Commonwealth Highland Theatres, Inc., 738 P.2d 6, 9 (Colo. App. 1986). The prior occurrence must involve

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