Chapter 10 - CHAPTER 10 LIABILITY ISSUES

• Jurisdiction: Colorado

Chapter 10 LIABILITY ISSUES

SYNOPSIS

§ 10.1 NATURE OF WRONGFUL ACT, NEGLECT, OR DEFAULT THAT WILL GIVE RISE TO ACTION UNDER C.R.S. § 13-21-202

§ 10.2 DECEDENT'S SURVIVOR MAY NOT ASSERT INDEPENDENT CLAIMS IN OWN NAME FOR CLAIMS THAT COULD HAVE BEEN MAINTAINED BY DECEDENT HAD HE OR SHE LIVED

§ 10.3 APPLICATION OF COMPARATIVE NEGLIGENCE AND PRO RATA LIABILITY STATUTES TO WRONGFUL DEATH ACTIONS

§ 10.3.1 Plaintiff May Recover as Long as Negligence Attributable to Decedent Is Less Than Combined Negligence of Defendant and Designated Non-Party

§ 10.3.2 Plaintiffs' Decision to Ride in Vehicle with Intoxicated Driver Was Proper Basis for Affirmative Defense of Comparative Negligence

§ 10.3.3 Evidence of Motorcyclist's Failure to Wear a Helmet and Lack of a Driver's License Is Inadmissible to Show Comparative Negligence in a Wrongful Death Action

§ 10.4 DETERMINATION OF LEGAL DUTY IS A QUESTION OF LAW FACTORS CONSIDERED BY COURTS

§ 10.4.1 Automobile Dealer Had No Duty to Warn Decedent of Hazard Posed by Inoperable Seat Belt

§ 10.4.2 Plumbing Contractor Had No Duty to Warn About a Defective Gas Connector on Stove on Which Contractor Did Not Work

§ 10.4.3 Sheriff Had No Duty to Protect Citizen from Escaped Jail Inmate

§ 10.4.4 Where Child Was Killed in Sandwich Shop After Employee Let Stranger into Shop After Hours, Complaint Alleged Sufficient Facts that Owner Breached Duty to Child as Licensee Under Premises Act

§ 10.4.5 County Jail Has Duty to Take Reasonable Care to Prevent an Inmate from Committing Suicide

§ 10.5 WRONGFUL DEATH CLAIMS AGAINST GOVERNMENTAL ENTITIES APPLICATION OF THE COLORADO GOVERNMENTAL IMMUNITY ACT

§ 10.5.1 Governmental Immunity for Emergency Vehicle Operators

§ 10.5.2 Governmental Immunity for Dangerous Condition of County Road

§ 10.5.3 Governmental Immunity for Sanitation Facilities

§ 10.5.4 Governmental Immunity for Public Hospital

§ 10.5.5 Limit on Recovery of Damages Under the CGIA

§ 10.5.6 Corporate Practice of Medicine Rule Bars Claims Against Public Hospitals for Negligence of Employed Physicians

§ 10.5.7 Governmental Immunity for Failure to...