Are Colorado Court’s Turning Up the Heat on the Colorado Ski Resorts?

Colorado’s Ski and Safety Act, which outlines responsibilities for skiers and resort operators, was originally designed to protect the small, family owned ski areas from lawsuits and skyrocketing insurance costs.

Now the Act has been used to insulate the multiple multibillion-­dollar corporations and real estate developers who now own nearly all of Colorado’s ski resorts from liability.

As a recent three-­part series in the Denver Post discussed, ski areas have attempted, in the past, to escape liability for inbound avalanches, ski resort employees plowing into 9 year olds and rotted bridges or buildings injuring skiers/snow­boarders.

However, in recent years, Colorado courts have turned up the heat on the Ski industries attempts to avoid liability. [Read more…]

Good, Bad or Ugly?” Obama-Care’s” Impact on Personal Injury Claims In Colorado.

As a personal injury attorney in Colorado, I must ask myself: “How does Obama-Care affect my clients and how does it impact their claims in Colorado?”

It is to that end that this article is written; to help those injured, and seeking justice for their injuries, navigate newly charted waters formed in the wake of “Obama-Care” and understand how this affects them: good, bad or ugly.

In this case, spoiler alert, the “changes” brought about by “Obama-Care” seems to be mostly positive as it relates to those injured by third parties.

“Obama-Care” and the Need For Future Care.

Over the years, many of my clients have had the same questions as their cases near resolution or trial: “What happens in the future if I have a flare up or my symptoms return, what do I do then?  Who will pay for my care in the future if/when my symptoms return?  Will I have to pay for future care out of my own pocket?”

[Read more…]

Car Accidents- Can Marijuana be the Blame?

stop lightIt is no question that marijuana is legal in the state of Colorado. What still seems to be up for debate, though, is marijuana’s influence on driving ability. Does marijuana use increase the chance of a car accident or doesn’t it?

The truth is, we don’t actually know the answer.

The answer to this is unknown due to inconsistent statistics and conflicting reports.  According to a recent article in the Washington Post, we cannot accurately decipher whether marijuana use is the cause of a car accident because tests do not show inebriation, just the metabolites. Metabolites will be in the body for days after someone uses the drug.  [Read more…]

Does the Mix of Music and the Slopes Cause Injuries?

girl with headphonesThere is absolutely nothing like plugging in your headphones, listening to your favorite playlist, and zoning into whatever you are doing. We do this to power through the workday or to get some peace on the early morning commute. Our headphones and our favorite jams get us through those last few miles on the treadmill or sets in the weight room.

Besides our eardrums, what is this music blaring harming? [Read more…]

Fatal Change of Lanes Prompts Wrongful Death Suit

highwayYou may have read our recent blog post about the truck driver’s astounding accident free record. We can only hope that truck drivers traveling through dangerous Colorado areas, like on I-70 through the Vail Pass, have similar safety records. Unfortunately, most aren’t so lucky and do not achieve this. While a perfect track record can’t be expected of all drivers, but we expect that truck drivers will drive especially safe with the knowledge that their minor mistake can create a major accident. [Read more…]

Run in the Spartyka Wounded Warrior 5k Run/Walk

runnerAt Sears & Associates, P.C., we are honored to help our Colorado Springs clients with their personal injury needs. We are especially honored when we are able to help those who have served our country in the military.

As you may have read on our website, we continue this commitment to helping our friends in the military by donating to the Wounded Warrior Project.

The mission of the Wounded Warrior Project is ultimately “to honor and empower Wounded Warriors.” The organization does this by raising awareness, helping injured service members, and providing resources and programs to assist them further. [Read more…]

Colorado Springs’ Zoo in Top 10

tigerSummer is winding down and the free time is starting to dry up. You’ve hit the pool and the local park, but have you visited the zoo yet?

With lions and tigers and bears (oh my), Cheyenne Mountain Zoo, located in southwest Colorado Springs, it is certainly one of the best.  According to a recent post on, this animal paradise landed at number five on Trip Advisor’s list of best zoos in the United States, making it one of the best zoos in the world.  [Read more…]

Record Setting Four Million Miles without a Truck Accident

truck We all find pride in different things. Some of us show pride in our cooking and our famous family lasagna. Some of us can change a tire in record time.  Others have pride in their lifelong no-ticket streak.

Andres Corona certainly has something to be proud of. The Texas truck driver has driven four million miles on the job without an accident. It is hard to believe this is even possible with the reported highway backups and tragic accidents spattered throughout the news cycle.  [Read more…]

Wrongful Death Suit Only a Snapshot of What Sarah Jones Deserves

railroad tracks When we think of dangerous jobs a few may come to mind– airplane pilot, sailor, officer in the Army; the list goes on. One that doesn’t come to mind as being dangerous is camera assistant.

Sarah Jones probably didn’t either before Feb. 20, when the 27-year-old camera assistant was killed while working on the site of Midnight Rider. The deadly scene of this low budget film was set on a 110-year-old bridge in Georgia.  Sarah was struck and killed by a train–while simply doing her job. [Read more…]

After Watching this Video You Will Never Text and Drive

people and phonesThanks to technology, we are constantly able to communicate with others.  24/7, day or night, in the bathroom, at the gym, or at work –we can be reached thanks to this handy-dandy device we call a smartphone.

Our smart phones help us keep my life in order. We feel the need to be constantly connected with friends and family. And despite the hype, it’s not just teens that experience the temptations of texting and driving–it’s everyone.  Deadly vehicle crashes occur every day because someone merely wanted to respond with a simple “LOL” or “I love you.” [Read more…]