Recreational Accidents

Dangers in the Colorado Outdoor Lifestyle

No matter how careful we are, accidents happen. As more people enjoy the active, outdoor lifestyle that Colorado offers, more suffer from injuries in sports and recreational accidents. One in five recreational enthusiasts will likely suffer some kind of accident, and 71% of these will be serious. The most common activities resulting in injury are bicycling, horseback riding, and team ball sports.

As more individuals spend free time pursuing recreational activities, the risk of injury has also increased. Typically, these activities are undertaken away from home, and frequently, on public land.  Whether injury has resulted due to the negligence of another party of course depends on the specific facts of any given case, but general considerations may provide guidance in evaluating a possible claim.

How This Works

Every case begins with a story and we want to hear yours. Call and you will reach a partner of the firm, probably the one who will handle your matter. We will answer your questions, explain the legal basis for a possible claim and how we can help.

A careful case review will be performed by your lawyer to assess the strengths and weaknesses of your case.  Then the conclusions of this review are presented to you in a thorough, understandable manner.

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Experience That Matters

Recreational Accidents at the Intersection of Legal Issues

Recreational accidents typically require consideration of several legal issues, whether the accident occurred on public or private land, whether a waiver or release is involved and whether equipment failure contributed to the accident.

When presented with a release, read it carefully before you sign it. The release should be plainly worded, should include the word “negligence”, and must contemplate the conduct which forms the underlying basis of the claim asserted. The release should disclaim acts of negligence, only, and then, only with respect to the inherent dangers of the sport or activity. If you are presented with a waiver which provides for release of the organizer/group from all claims for negligence, consider whether you really want to participate in the activity. If the group responsible for your safety demands a complete release, ask “why?”

Many recreational accidents involve failure of equipment such as poor riding tack, failure of bicycle brakes, and lack of lights on snowmobiles. If equipment is improperly maintained, then the provider of the equipment may have acted negligently. But if the equipment is defective in its design or manufacture, then the manufacturer may be liable. The circumstances of any accident involving failure of the equipment should be reviewed for a possible defective product claim. We have extensive experience with product liability lawsuits, read more about Defective Product claims.

$150 k

for negligent climbing partner

$100 k

for errant snowball