Service animals are a common sight almost everywhere you go. They are of great help and assistance to people with disabilities, providing them greater access, mobility, and freedom. But, with the addition of what are now called “emotional support animals,” some business owners are now faced with a rather confusing and complicated area of compliance with the law. Attorneys Doug [...]
For our clients in the hospitality industry, issues of liability and risk management are of crucial importance. Doug Stevens, a member of Caplan & Earnest’s litigation practice, recently published an article in Hoofbeats, the Colorado Dude and Guest Ranch Association’s monthly newsletter. It is a succinct and helpful piece outlining some top level and very practical dos and don’ts when [...]
Doug Stevens, special counsel in the litigation practice, has been asked to be a guest speaker for Colorado State University’s Insight into the Adventure Tourism Industry class. The course is part of the University’s new Graduate Certificate in Adventure Tourism program. The program, which launched in January, features an intensive curriculum covering all aspects of the outdoor recreation and adventure [...]
Liability waivers and acknowledgement of risk agreements are valuable tools for equine professionals and other recreational service providers alike because they protect providers from legal repercussions in the event of an accident. For years, Colorado courts have upheld liability waivers and other risk agreement documents for both adult and minor participants so long as a minor’s parent or guardian also [...]
On May 22, 2017, the Colorado Supreme Court issued a ruling that a piece of playground equipment that was not negligently constructed or maintained is not a “dangerous condition” under the “recreation-area waiver” of the Colorado Governmental Immunity Act (CGIA). In so holding, the Court rejected the argument that the CGIA could not be invoked because a piece of “zip [...]
Following years of unsuccessful efforts by the Colorado legislature to pass meaningful construction defect reform to spur multi-family condominium projects in the state, Governor John Hickenlooper recently signed House Bill 1279 into law. This legislation will make it more difficult for homeowners’ associations to file construction defect lawsuits against the buildings’ construction professionals. Currently, condominiums make up a very small [...]
On rare occasions, courts enter preliminary injunctions to prevent irreparable harm before a decision on the merits is reached. A preliminary injunction can restrain a party from proceeding with a certain course of conduct, preserve the status quo, or protect a party’s rights pending the final determination of a case. However, courts are hesitant to grant this relief. In Rathke, [...]
Correctly distinguishing between employees and independent contractors is critical for employer compliance under applicable wage and hour and benefits law; both federal and state. Whether a worker is classified as an employee or independent contractor affects unemployment insurance, workers’ compensation insurance, payroll taxes, and possibly even healthcare benefits. The “right of control” test. To determine job classification status, Colorado utilizes [...]
Last week, the Colorado Supreme Court addressed the issue of timely third-party claims against subcontractors and other construction professionals in Goodman vs. Heritage Builders. In this opinion, the court held that under the Construction Defect Action Reform Act (CDARA), a third-party claim against a construction professional is timely irrespective of both the two-year statute of limitations in section 13-80-102, C.R.S. [...]
First published in Hoofbeats, the publication of the Colorado Dude and Guest Ranch Association. As a dude ranch operator, working with vendors is undoubtedly an integral part of your business. Whether that relationship is with a recreational provider such as a rafting company, a website provider, a maintenance contractor, or a food supplier, it is critical that you have a [...]