After tripping and falling over a two-and-a-half-inch sidewalk deviation in the City of Boulder, the plaintiff sued the City for her injuries, which included fracturing both elbows and injuring her face. The City moved to dismiss the plaintiff’s suit, arguing that the sidewalk deviation did not constitute a ” dangerous condition” – defined as an “unreasonable risk to the health and safety of the public” under Colorado’s Governmental Immunity Statute.
The Colorado Supreme Court held that the sidewalk did not constitute an “unreasonable” risk of injury because (1) deviations in slab sidewalks are commonplace throughout Colorado due to the
harsh climate and other environmental factors; (2) the deviation was located in a residential area without any heightened safety concerns; and (3) the City had not received any citizen reports through its reactive program about the sidewalk.
The Colorado Supreme Court’s tortured definition of what constitutes a dangerous condition under the law will result in otherwise deserving personal injury claims being set aside or dismissed. By limiting access to legal recourse for serious injuries, this decision leaves injured plaintiffs, who face a lifetime of difficulties from the negligence of a municipality, unable to recover damages to mitigate the impact of their injuries.
The Colorado Supreme Court needs to do better at protecting ordinary citizens instead of the interests of corporations and big business.
Sean Simeson
February 24, 2022
After tripping and falling over a two-and-a-half-inch sidewalk deviation in the City of Boulder, the plaintiff sued the City for her injuries, which included fracturing both elbows and injuring her face. The City moved to dismiss the plaintiff’s suit, arguing that the sidewalk deviation did not constitute a ” dangerous condition” – defined as an “unreasonable risk to the health and safety of the public” under Colorado’s Governmental Immunity Statute.
The Colorado Supreme Court held that the sidewalk did not constitute an “unreasonable” risk of injury because (1) deviations in slab sidewalks are commonplace throughout Colorado due to the
harsh climate and other environmental factors; (2) the deviation was located in a residential area without any heightened safety concerns; and (3) the City had not received any citizen reports through its reactive program about the sidewalk.
The Colorado Supreme Court’s tortured definition of what constitutes a dangerous condition under the law will result in otherwise deserving personal injury claims being set aside or dismissed. By limiting access to legal recourse for serious injuries, this decision leaves injured plaintiffs, who face a lifetime of difficulties from the negligence of a municipality, unable to recover damages to mitigate the impact of their injuries.
The Colorado Supreme Court needs to do better at protecting ordinary citizens instead of the interests of corporations and big business.
Sean Simeson
February 24, 2022