The Sudden Emergency Defense Abolished In Colorado

Previously defendants in Colorado negligence lawsuits had the ability to ask the jury to excuse conduct when the defendant was confronted with a “sudden emergency,” An example of a “sudden emergecy” is a patch of ice in the road.    In a victory for injury plaintiffs, the Colorado Supreme Court abolished the sudden emergency defense in a January 22, 2013 opinion regarding Bedor v. Johnson, No. 10-SC-65.  In this case the Court determined that the sudden emergency defense was misleading to the jury and had minimal value.  As a result of the decision, a defendant can no longer assert a sudden emergency defense to divert the jury’s attention to the a supposed emergency, rather than focusing on the incident itself.

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