But what happens when an individual skier is injured on the slopes of one of these large corporations? Everyone knows skiing can be dangerous and comes with risks. Each year, skiers are injured on Colorado’s slopes. These injuries can range from blown knees to concussions to death.

Legislature Aimed at Improved Safety and Accountability

The Colorado legislature sought to protect skiers from injuries suffered due to ski operator negligence in 1979 by passing the Colorado Ski Safety Act (SSA), CRS § 33-44-101, et. seq. The SSA set forth specific safety standards that operators must follow, such as marking closed trails, identifying the difficulty level of trails, marking hazards, and ensuring lifts are safe and marked clearly. When they failed to maintain these basic safety precautions and someone got injured as a result, the skier had a statutory avenue to recover for their losses.

Reddon v. Clear Creek Skiing Corp.

Soon after the SSA was enacted, the skiing industry responded. In order to ski, skiers were required to sign a waiver of liability for injuries sustained on the slopes. For years these waivers of responsibility were contested in court.

However, in 2020, a Colorado Court of Appeals adopted the industry’s position and upheld waivers of liability. In Reddon v. Clear Creek Skiing Corp., 2020 COA 176, the court addressed the question of “whether ski area operators can, by using exculpatory agreements, protect themselves from personal injury lawsuits arising from alleged negligence of the employees.”

In Reddon, Ms. Reddon was injured when she tried to exit a lift chair after the person in front of her fell and blocked Ms. Reddon’s ability to exit the chair. The lift operator did not slow or stop the lift as Ms. Reddon came upon the downed skier. Clear Creek moved to dismiss the case, relying on two waivers of liability.

The first waiver was issued the previous year when Ms. Reddon purchased a pair of ski boots from the Clear Creek ski shop. It stated that Ms. Reddon assumed the inherent dangers and risks of skiing including all risks associated with the use of the boots when skiing. It further stated that she released Clear Creek, DBA Loveland Ski Area of any and all liability for injuries or death from the use of the boots.

The second waiver was issued when she bought her lift ticket online. It provided for similar waivers of liability for injuries while skiing at Loveland. The waiver was on the back of an electronically issued lift ticket that came with a nonrefundable clause.

The court examined whether or not it should allow the exculpatory contracts to prevent Ms. Reddon from recovering damages from the ski area. The court looked at four factors:

1. Whether the ski area had a duty to the public;
2. The nature of the service provided;
3. Whether the contract was entered into fairly; and
4. Whether the intention of the parties was clearly stated.

Regarding the first two factors, the court found that skiing was “neither a matter of great public importance nor a matter of practical necessity”—two losses for Ms. Reddon.

On the third factor, the court found that since “skiing is not an essential activity, Clear Creek did not possess a decisive advantage of bargaining strength that put [Ms. Reddon] “at the mercy” of any negligence committed by it.”  Reddon argued that it was patently unfair to hold someone’s property “hostage” until they signed a waiver and to sell tickets to citizens who only learn of the waiver on the back of the ticket after its nonrefundable purchase. She further argued that “sneak[ing]” a waiver into an agreement centered around the purchase of boots and adjustment of bindings was not a fair negotiation of a contract. The court, however, rejected her arguments.

The court also rejected her fourth argument, finding the intention of the parties was clear. Ms. Reddon argued that a reasonable person could have interpreted the boot waiver to limit liability against the ski shop and the inherent dangers of skiing, not negligent acts by lift operators. However, the court disagreed and determined that a ski operator can rely on waivers to exclude them from liability for violating the SSA. Ms. Reddon had lost her statutory negligence case.

Judge Davidson, however, dissented from his colleagues. He argued that the SSA clearly instructed ski operators to “reasonably comply with the duties [in the SSA] and defined a violation of its provisions as negligence.” He argued that allowing waivers to protect operators effectively means that “a ski lift operator suffers no financial consequence for negligent violation of [legislatively mandated] duties with which it is otherwise required by law to comply.” He argued that “it is axiomatic that the General Assembly intended [the SSA] to have effect.” His colleagues disagreed.

The SSA creates statutory obligations for operators to follow. While a waiver does not waive gross negligence or common law negligence, the court has allowed a waiver to prevent injured skiers from claiming statutory negligence as defined by the legislature.

The Bottom Line

So, the next time you go skiing, read that waiver. Understand what you are giving up. While you may still retain a common law negligence claim or a claim for willful and wanton conduct, you will not have a statutory negligence claim if you sign that waiver.

If you have suffered a serious injury due to gross negligence or common law negligence while skiing in Colorado, you may have a legal claim for compensation. Contact a Colorado Springs personal injury attorney at The Bussey Law Firm, P.C. at (719) 475-2555 to learn more about your rights and how we may be able to help.

The post Colorado Ski Resorts and Injuries–What Does My Waiver Mean? appeared first on Colorado Springs Attorneys.

The more that you know about the way you should handle an accident at your rental, the less likely you will be to end up in legal trouble over it. There are lots of details that do have to be managed when you own a rental property, but you need to put safety at the top of your list. Rental owners need to be sure that they are taking all the right steps to care for their property, but sometimes things are missed along the way that can lead to accidents.

As a renter, you also need to be aware of what your landlord is responsible for and what the duty of care is for your rental. Knowing your rights is important in the instance that you are hurt due to your landlord being negligent. One of the most common reasons for negligence is penny-pinching or a lack of interest in coming to the property to deal with issues. This is why tenants need to know their rights related to their rental contract.

What Are Landlords Responsible For?

You will need to know what you are responsible for at your rental property, and you will want to keep up with the changes that can take place in the laws and rules related to rentals in the state of Colorado. The better informed you are about what you are required to do for your tenants, the less likely you will be to run into real trouble with anything to do with your property.

• A habitable unit
• Repairs for broken items
• Utilities that are in good condition
• Wiring that is safe
• Hot and cold running water
• Plumbing
• Light fixtures that work
• Collecting rent

All of the things that are required of landlords in the state of Colorado are laid out in the Warranty of Habitability Statute. This statute covers what issues a landlord must attend to on behalf of the tenant and also covers the response times and other factors that are connected with handling issues on the property. Landlords have 24 hours to respond to some problems and longer periods to handle things like mold. You will want to know what the allowed response time is for each kind of problem and also how you are required to notify your renter of work delays or other information related to the issue.

Types of Accidents That Can Happen Due to Landlord Negligence

There are many kinds of accidents that can happen in the state of Colorado due to landlord negligence. This is why following the rules related to the Warranty of Habitability is so important. The safety of tenants is protected by law, and you do not want to be the reason for your tenant being hurt.

Common accidents related to landlord neglect are slips and falls, shocks from exposed electrical wiring, issues with illness related to black mold or other kinds of microorganisms, cuts, and bruises related to a variety of different kinds of improper maintenance, and accidents due to a lack of proper lighting around the home. There can also be issues related to things like fires or even gas explosions due to negligence of the property.

How to Determine if Your Accident Happened Due to Landlord Negligence

If you think that your landlord’s negligence caused your accident, you need to look at the Warranty of Habitability Statute carefully. This statute should make it clear what your landlord did wrong, if anything, that led to your accident. If you have found that your landlord was indeed negligent in their treatment of the property, you will need to collect evidence for your case. Take pictures and get the information of any witnesses who saw the accident take place.

The next step is to secure a lawyer who is skilled in this area of law. You will need the support of a legal expert to help you to secure a satisfactory response from your landlord. Whether you are trying to break your lease and move to a better place to live or you need help with your medical bills or compensation for pain and suffering, an experienced personal injury lawyer can help. There are many steps that need to be taken to collect the evidence that is required to secure a positive judgment on your behalf, and a skilled lawyer can take care of this for you.

You might have been seriously injured related to the negligence of the property that you rented, and you deserve the compensation necessary to help you to pay for treatment and to get your life back on track. Working with a skilled Colorado Springs personal injury lawyer can make all the difference in the outcome of your case, and you will not be sorry that you took the time to secure a legal professional to help with your case.

Work With Bussey Law Today

If you have been injured at a property that you are renting, you will need to seek the skilled support of the legal team at The Bussey Law Firm, P.C.. Getting expert help with your case can make all the difference in its outcome, and you will want to be certain that you have the right team working hard on your behalf.

Contact us today at Bussey Law and get scheduled for your free consultation. We can support you with your landlord negligence case and help you to get the outcome that you deserve!

The post What to Do After an Accident at a Rental Property appeared first on Colorado Springs Attorneys.

Your landlord must maintain a fit and habitable environment where you and the people you love will be safe. The failure to take reasonable steps to prevent an accident is inexcusable. You may want to seek the advice of an experienced premises liability attorney to pursue compensation if you were injured due to a hazardous issue that should have been corrected.

Was the Accident Foreseeable?

When an accident occurs on a rental property, the first question to ask is: How foreseeable was the accident? For example, snow and other types of harsh weather happen every year in Colorado. Your landlord should be aware of all the stairs and walkways on their property that are exposed to the elements and subject to becoming wet, icy, or slippery. And every landlord should make sure these hazardous conditions are addressed quickly after a storm.

The second question we need to consider is: What is the likelihood of danger for tenants if the problem isn’t addressed in a reasonable amount of time?  For example, if a stairway has a loose handrail, it’s very likely that this will lead to a serious injury.

The third question that we need to address is: What is the cost and feasibility of preventing danger? If there is an unmarked step near the clubhouse, the effort and expense of painting a bright red stripe would be negligible. But it is likely to prevent a fall that could be devastating.

Accident Caused by Negligent Landlords

It is your landlord’s responsibility to regularly inspect their property for potential hazards. They should also seek feedback from tenants and about dangerous conditions. Any of the following types of hazards must be fixed in a reasonable amount of time:

• A leaking water heater that might cause a fall
• Obstacles on a sidewalk, walkway, or staircase that could lead to a fall
• Unmarked stairway risers
• Loose or improperly set stepping-stones
• Potholes
• Leaking and poorly placed gutters
• Toxic leaks and hazardous fumes
• Leaky ceilings that create a slip and fall risk
• Loose, damaged, or insufficiently deep stairway steps
• Unstable floorboards that may cause a person to trip and fall
• Poor wiring that leads to electrical fires and burns
• Exposed rebar, nails, screws, or sharp objects that may cause an injury or a fall when stepped on

What to Do After an Injury

If you or a loved one has been injured by an accident caused by your landlord’s negligent refusal to fix dangerous conditions, you will want to seek medical care right away. During your recovery, make sure to follow all your doctor’s recommendations, and keep records for all medical costs, including ambulance care, surgery, hospital and doctor’s office visits, and rehabilitation.

You will want to collect as much evidence as you can about the accident. Use your cell phone camera to record pictures of the accident scene and the hazardous condition that led to the incident. Save records of any letters you sent to your landlord about the problem and their responses.

When you get a chance, write down your recollections about what happened during the accident and how it affected you. Collect the names and contact information from anyone who witnessed the accident or the hazardous conditions that caused the incident.

Legal Experience You Can Rely On

Landlords must provide a safe place for people to live. The Colorado Springs premises liability attorneys at The Bussey Law Firm, P.C. will help you recover fair compensation if you or a loved one has been injured in a preventable accident.

Contact The Bussey Law Firm, P.C. to learn more today by calling (719) 475-2555 and schedule a FREE consultation. We’re here to help.

The post Hurt in an Accident Caused by Your Landlord’s Negligence? appeared first on Colorado Springs Attorneys.

What Factors Contribute to Parking Lot Collisions?

A parking lot accident can occur under various circumstances:

• A pedestrian is hit by a car moving through a parking lot or pulling out of a space.
• Another vehicle is hit when driving in a parking lot, or by another vehicle pulling out.
• Two vehicles moving in a parking lot collide.
• Two vehicles collide when both are attempting to enter one parking spot.
• A vehicle rear-ends another at a stop sign or moving from a feeder lane into a thoroughfare lane.
• A driver is travelling at an unsafe speed and hits you while driving in a parking lot lane.

Who is at Risk in a Parking Lot Accident?

With one in five car accidents occurring in parking lots, several parties are at risk, including:

• Children
• Adults
• Drivers
• Passengers
• Motorcyclists

As children are smaller in stature, a negligent driver can injure a child by failing to move through the lot in a safe manner, making fast turns, or acting too quickly to try to get a spot before another driver. Older people are also at risk, as many tend to walk more slowly, and a negligent driver who is operating a vehicle in a negligent manner may hit them. Aggressive drivers may be focused on getting to a spot before another driver, and take unnecessary risks, particularly during busy weekends or holidays at malls, shopping centers, sports or concert venues, or other heavily attended areas.

How Can a Victim Recover Compensation in a Parking Lot Accident?

To seek compensation for damages, it is necessary to prove who was at fault in the collision. In some cases, it is obvious, but in other cases, it may be more challenging. The investigation will evaluate certain facts, including:

• Which car was in motion?
• Which driver had the right of way?
• Was the pedestrian crossing at a marked sidewalk? Running?
• Did a driver impact another vehicle while stopped at a stop sign?

Once the investigation is complete, an insurance claim can be filed to seek compensation, whether through an insurance settlement from the at-fault driver’s policy, or a lawsuit filed in civil court. A lawsuit may be filed if the insurance company fails to make a fair offer.

Why Choose The Bussey Law Firm, P.C.?

If you or a loved one was involved in a parking lot accident, you deserve to recover all the compensation to which you are entitled. Our personal injury lawyers are dedicated, talented, and powerful litigators who are focused on protecting the rights of our clients.

The post The Hidden Danger of Parking Lots appeared first on Colorado Springs Attorneys.

Failure to Maintain

A premises liability case can be filed against a property owner who allowed any of the following conditions to exist that could put visitors, employees, or guests at risk:

• Faulty handrails
• Lack of handrails
• Broken stair surfaces
• Uneven carpeting on stairs
• Items stacked in stairwells
• Lights burned out in dark stairways
• Wet or slippery stairs

Property Owners and Liability

Property owners are required to keep premises maintained and safe for those entering the property. This applies to all types of facilities, including stores, shopping centers, restaurants, bars, hotels, motels, as well as public, private, and government buildings of all types. A property owner who is aware of an issue that requires maintenance, whether slippery or broken stairs, burned out lights, or other problems and does not rectify the situation immediately may be held liable in cases of injury.

Types of Injuries in Staircase Accidents

A fall on a staircase may lead to just minor bruises, but in many cases, the injuries are very severe:

• Head injuries
• Traumatic brain injuries
• Concussion
• Back injuries
• Spinal cord injuries
• Broken bones

How to Recover Fair Compensation after a Staircase Accident?

Filing a premises liability claim requires the assistance of an experienced personal injury lawyer. It is vital that the area where the fall occurred is photographed before the management or owner of the property performs a fast repair. If possible, take pictures of the area with your phone to document the hazardous condition of the staircase. Your personal injury lawyer will identify the property owner, investigate the background of the owner to determine whether there is a history of a failure to maintain safe premises, and file a claim to seek the maximum in compensation. If necessary, a lawsuit can be filed against a property owner who disputes the claim or fails to make a fair settlement offer.

Elements of a Premises Liability Case: Staircase Accidents in Colorado Springs

Any premises liability case, to be successful, must prove the following elements:

• The property owner had a duty of care to the injured person.
• The property owner breached that duty of care by failing to maintain safe premises.
• The injury was caused by this failure to maintain safe premises.

In some cases, the liable party may be the property maintenance company, stairwell designer, or construction company who built the staircase if the design or construction was faulty.

Your Attorney for Staircase Accidents: The Bussey Law Firm, P.C.

Not all attorneys are equal in legal skill, personal dedication to their clients, and ability to craft a case that can bring about a fair and equitable resolution. The financial losses must be fully covered, including medical bills, lost wages, lost earning capacity and others, as well as non-economic damages such as the pain and suffering associated with the injuries. Our firm is respected, talented, and committed to seeking the most favorable outcome for the people we represent.

Contact The Bussey Law Firm today at (719) 475-2555 for a free case consultation after a staircase accident that led to serious injuries.

The post Are Property Owners Liable for Staircase Accidents? appeared first on Colorado Springs Attorneys.