8 Colorado opinions name it 2 courts 1986–2024 1 in the last five years
The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lombard v. Colorado Outdoor Education Center, Inc.green2 sentences2024Lombard, 187 P.3d at 573 (“A party may recover under a claim of negligence per se if it is established that the defendant violated the statutory standard and the violation 1 As the majority correctly notes, a plaintiff “must also demonstrate that the statute was intended to protect against the type of injury she suffered and that she is a member of the group of persons the statute was intended to protect.” Maj. op. ¶ 27 (quoting Scott, 39 P.3d at 1166 ). 2 was the proximate cause of the injuries sustained.” (emphasis added)); see also Restatement (Third) of Torts: Liability for Physical and Em 2015Id. ¶49 However, the plaintiff must also show that he is a member of the class the statute was intended to protect and that the injuries he suffered were of the kind the statute was enacted to prevent. | 1 | 5 |
Largo Corp. v. Crespingreen2 sentences2008Lyons v. Nasby, 770 P.2d 1250, 1257 (Colo.1989); Largo Corp., 727 P.2d at 1107 . 2005The plaintiff must show that the defendant violated the statutory standard, that this violation proximately caused the injuries at issue, and that the plaintiff "is a member of the class which the statute or ordinance was intended to protect and that his injuries are of the type it was enacted to prevent." Bittle v. Brunetti, 750 P.2d 49, 55 (Colo.1988); see also Largo Corp. v. Crespin, supra. Plaintiff argues that defendants are liable for negligence per se based on Mont-rose City Ordinance § 9-1-1, which provides that owners and occupants of property in the City of Montrose "shall keep the s | 1 | 2 |
Lyons v. Nasbygreen1 sentence2008Lyons v. Nasby, 770 P.2d 1250, 1257 (Colo.1989); Largo Corp., 727 P.2d at 1107 . | 1 | 1 |
Bittle v. Brunettigreen2 sentences2005The plaintiff must show that the defendant violated the statutory standard, that this violation proximately caused the injuries at issue, and that the plaintiff "is a member of the class which the statute or ordinance was intended to protect and that his injuries are of the type it was enacted to prevent." Bittle v. Brunetti, 750 P.2d 49, 55 (Colo.1988); see also Largo Corp. v. Crespin, supra. Plaintiff argues that defendants are liable for negligence per se based on Mont-rose City Ordinance § 9-1-1, which provides that owners and occupants of property in the City of Montrose "shall keep the s 2005In Bittle v. Brunetti, supra, the court rejected a negligence per se claim based on a snow removal ordinance and reaffirmed the rule that owners of abutting property have no common law duty to keep the public sidewalks reasonably clear of snow and ice. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Scott v. Matlack, Inc.
green
1 sentence2024Lombard, 187 P.3d at 573 (“A party may recover under a claim of negligence per se if it is established that the defendant violated the statutory standard and the violation 1 As the majority correctly notes, a plaintiff “must also demonstrate that the statute was intended to protect against the type of injury she suffered and that she is a member of the group of persons the statute was intended to protect.” Maj. op. ¶ 27 (quoting Scott, 39 P.3d at 1166 ). 2 was the proximate cause of the injuries sustained.” (emphasis added)); see also Restatement (Third) of Torts: Liability for Physical and Em | 1 | 2024–2024 |
Hertz Driv-Ur-Self System, Inc. v. Hendrickson
green
2 sentences1986The party seeking to recover under the doctrine of negligence per se must show not only that the defendant violated the statutory standard, but also that the violation was the proximate cause of the injuries sustained. 4 Kirk v. Himes, *1108 170 Colo. 378 , 461 P.2d 444 (1969); Lambotte v. Payton, 147 Colo. 207 , 363 P.2d 167 (1961); Hertz Driv-Ur-Self System, Inc. v. Hendrickson, 109 Colo. 1 , 121 P.2d 483 (1942). 1986The party seeking to recover under the doctrine of negligence per se must show not only that the defendant violated the statutory standard, but also that the violation was the proximate cause of the injuries sustained. 4 Kirk v. Himes, *1108 170 Colo. 378 , 461 P.2d 444 (1969); Lambotte v. Payton, 147 Colo. 207 , 363 P.2d 167 (1961); Hertz Driv-Ur-Self System, Inc. v. Hendrickson, 109 Colo. 1 , 121 P.2d 483 (1942). | 1 | 1986–1986 |
Lambotte v. Payton
green
2 sentences1986The party seeking to recover under the doctrine of negligence per se must show not only that the defendant violated the statutory standard, but also that the violation was the proximate cause of the injuries sustained. 4 Kirk v. Himes, *1108 170 Colo. 378 , 461 P.2d 444 (1969); Lambotte v. Payton, 147 Colo. 207 , 363 P.2d 167 (1961); Hertz Driv-Ur-Self System, Inc. v. Hendrickson, 109 Colo. 1 , 121 P.2d 483 (1942). 1986The party seeking to recover under the doctrine of negligence per se must show not only that the defendant violated the statutory standard, but also that the violation was the proximate cause of the injuries sustained. 4 Kirk v. Himes, *1108 170 Colo. 378 , 461 P.2d 444 (1969); Lambotte v. Payton, 147 Colo. 207 , 363 P.2d 167 (1961); Hertz Driv-Ur-Self System, Inc. v. Hendrickson, 109 Colo. 1 , 121 P.2d 483 (1942). | 1 | 1986–1986 |
Kirk v. Himes
neutral
2 sentences1986The party seeking to recover under the doctrine of negligence per se must show not only that the defendant violated the statutory standard, but also that the violation was the proximate cause of the injuries sustained. 4 Kirk v. Himes, *1108 170 Colo. 378 , 461 P.2d 444 (1969); Lambotte v. Payton, 147 Colo. 207 , 363 P.2d 167 (1961); Hertz Driv-Ur-Self System, Inc. v. Hendrickson, 109 Colo. 1 , 121 P.2d 483 (1942). 1986The party seeking to recover under the doctrine of negligence per se must show not only that the defendant violated the statutory standard, but also that the violation was the proximate cause of the injuries sustained. 4 Kirk v. Himes, *1108 170 Colo. 378 , 461 P.2d 444 (1969); Lambotte v. Payton, 147 Colo. 207 , 363 P.2d 167 (1961); Hertz Driv-Ur-Self System, Inc. v. Hendrickson, 109 Colo. 1 , 121 P.2d 483 (1942). | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.