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
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.
For more details: Litigation Process.
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
The Government may also argue that it enjoys the protection of the applicable Recreational Use statute. The Tenth Circuit, the federal court jurisdiction for Colorado, has consistently held that the United States is entitled to the protection of state recreational use statutes, including the Colorado Recreational Use Statute.
The State, counties or municipalities own much public land which provides for recreational activities. Accidents on these lands will be governed by the Colorado Government Immunity Act, a state statute which provides specific conditions for when and how one may bring a lawsuit against a state entity.
Many states have “Recreational Use” statutes on the books, which shield private rural landowners from most tort liability for damages suffered by those who come onto their land, free of charge, to pursue recreational activities. The effects of a Recreational Use statute can be wide ranging. Here in Colorado, the Colorado Recreational Use Statute (C.R.S. § 33-41-103) provides that an owner of land who either directly or indirectly invites or permits, without charge, any person to use such property for recreational purposes does not thereby:
(a) Extend any assurance that the premises are safe for any purpose;
(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed;
(c) Assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person.
The statute does, however, go on to identify four circumstances in which a landowner’s liability is not limited. A landowner is not protected from liability when it (a) “willfully or maliciously fails to guard or warn against a known dangerous condition, use, structure or activity likely to cause harm;” (b) “charges” the person for the recreational use of the land; (c) maintains an “attractive nuisance;” or (d) when injuries are received “on land incidental to the use of land on which an commercial or business enterprise of any description is being carried on.” C.R.S. § 33-41-104.