ADA Regulations: What Businesses Need to Know About Service vs. Emotional Support Animals

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 [...]

By |2018-06-14T07:33:07-07:00June 14, 2018|

Practical Dos and Don’ts of Liability Waivers and Risk Agreements in the Hospitality Industry

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 [...]

By |2018-05-29T08:15:20-07:00May 29, 2018|

Doug Stevens to Address CSU Class on Legal and Risk Management Issues in the Outdoor Recreation and Adventure Tourism Industries

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 [...]

By |2018-02-08T08:20:05-07:00February 8, 2018|

8 Tips to Increase the Chances of an Enforceable Liability Waiver

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 [...]

By |2017-11-14T11:29:38-07:00November 20, 2017|

The CGIA and School District Playground Equipment – The Colorado Supreme Court Rules on St. Vrain Valley Sch. Dist. RE-1J v. Loveland

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 [...]

By |2017-06-13T08:23:00-07:00June 12, 2017|

House Bill 1279 Provides Hope Condominium Construction Will Increase Again in Metro Denver

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 [...]

By |2017-06-09T13:54:25-07:00June 8, 2017|

What is a Preliminary Injunction?

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, [...]

By |2017-04-20T09:16:28-07:00April 20, 2017|

Job Classification for the Colorado Employer – Employees v. Independent Contractors

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 [...]

By |2017-03-17T09:12:33-07:00March 15, 2017|

Limitations of Third-Party Claims in Construction Defect Cases Analyzed by Colorado Supreme Court

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. [...]

By |2017-11-06T15:30:37-07:00March 9, 2017|

Tips for Effective Contracting with Vendors

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 [...]

By |2017-02-13T15:00:27-07:00February 8, 2017|