Categories: Personal Injury

Sudden Emergency Defense Abolished in Colorado

Defendants in negligence lawsuits in Colorado used to be able to ask the jury to excuse their conduct when the defendant was confronted with a “sudden emergency”. An example would be a patch of ice on the road.  Not anymore.  In a victory for personal injury plaintiffs, the Colorado Supreme Court abolished the sudden emergency defense in its January 22, 2013 opinion in Bedor v. Johnson, No. 10-SC-65, determining that it was misleading to the jury and had minimal value.  Thus, defendants can no longer assert a sudden emergency defense to divert the jury’s attention to the supposed emergency, rather than the incident itself.

Bloch Ongert specializes in personal injury cases, including auto, trucking, motorcycle, ski/snowboard, dog bite, and slip and fall claims.

Published by
Bloch Ongert

Recent Posts

Price-Fixing in the Ski Industry

Over the past six months, two class-action lawsuits alleging price fixing have been filed against…

2 weeks ago

Safely Navigating Colorado Mountain Passes

Colorado mountain passes tend to feature narrow lanes and sharp switchbacks, and as a result,…

1 month ago

Navigating Ski Resort Safety

Colorado has long been regarded as the epicenter of winter sports, particularly skiing and snowboarding.…

2 months ago

Tips for Exploring the Backcountry

Now that we’re well into hiking and outdoor recreation season, Colorado’s most prominent peaks are…

2 months ago

Laws Struggling to Keep Pace with the Increasing Popularity of E-Bikes

E-bikes have quickly become a popular way to travel through communities, offering riders an affordable,…

2 months ago

Bicycle Safety Tips

It is imperative to observe safety precautions and familiarize oneself with city and state laws…

3 months ago