must consider many factors in Colorado

2013Other factors include, "convenience of administration, capacity of the parties to bear the loss, a policy of preventing future injuries, the moral blame attached to the wrongdoer, and availability, cost, and prevalence of insurance." Whitlock, 744 P.2d at 57 n.2; see also Wheeler v. Eagle County, 666 P.2d 559, 562 (Colo.1988) (Rovira, J., dissenting) (factors include "the parties' relative ability to adopt practical means of preventing injury; the relative ability of the parties to bear the financial burden of injury and the availability of means by which the loss may be shifted or spread") (q

1992In determining whether a duty should be recognized, a court must consider many factors, “including, for example, the risk involved, the foreseeability and likelihood of injury as weighed against the social utility of the actor’s conduct, the magnitude of the burden of guarding against injury or harm, and the consequences of placing the burden upon the actor.” Smith, 726 P.2d at 1127 ; accord, e.g., Observatory Corp. v. Daly, 780 P.2d 462, 466 (Colo.1989); University of Denver v. Whitlock, 744 P.2d 54, 57 (Colo.1987).

2004HealthONE v. Rodriguez, 50 P.3d 879 (Colo.2002); Greenberg v. Perkins, 845 P.2d 530 (Colo.1993); Taco Bell, Inc. v. Lannon, 744 P.2d 43 (Colo.1987).

2002Greenberg v. Perkins, 845 P.2d 530, 536 (Colo.1993); Taco Bell, Inc. v. Lannon, 744 P.2d 43, 46 (Colo.1987)(citing Smith, 726 P.2d at 1127 ); Univ. of Denver v. Whitlock, 744 P.2d 54, 57 (Colo.1987).

1992In determining whether a duty should be recognized, a court must consider many factors, “including, for example, the risk involved, the foreseeability and likelihood of injury as weighed against the social utility of the actor’s conduct, the magnitude of the burden of guarding against injury or harm, and the consequences of placing the burden upon the actor.” Smith, 726 P.2d at 1127 ; accord, e.g., The Observatory Corp. v. Daly, 780 P.2d 462, 466 (Colo.1989).

1992In determining whether a duty should be recognized, a court must consider many factors, “including, for example, the risk involved, the foreseeability and likelihood of injury as weighed against the social utility of the actor’s conduct, the magnitude of the burden of guarding against injury or harm, and the consequences of placing the burden upon the actor.” Smith, 726 P.2d at 1127 ; accord, e.g., Observatory Corp. v. Daly, 780 P.2d 462, 466 (Colo.1989); University of Denver v. Whitlock, 744 P.2d 54, 57 (Colo.1987).

2013Id. at 1256 . 125 In answering the duty question, a court must consider many factors, "including, for example, the risk involved, the foreseeability and likelihood of injury as weighed against the social utility of the actor's conduct, the magnitude of the burden of guarding against injury or harm, and the consequences of placing the burden upon the actor." Casebolt v. Cowan, 829 P.2d 352, 856 (Colo.1992) (quoting Smith v. City & County of Denver, 726 P.2d 1125, 1127 (Colo.1986), superseded by§ 18-21-115, C.R.S.1987, as recognized in Vigil v. Franklin, 108 P.3d 822 , 325 n.3 (Colo.2004)).

1992In determining whether a duty should be recognized, a court must consider many factors, “including, for example, the risk involved, the foreseeability and likelihood of injury as weighed against the social utility of the actor’s conduct, the magnitude of the burden of guarding against injury or harm, and the consequences of placing the burden upon the actor.” Smith, 726 P.2d at 1127 ; accord, e.g., Observatory Corp. v. Daly, 780 P.2d 462, 466 (Colo.1989); University of Denver v. Whitlock, 744 P.2d 54, 57 (Colo.1987).

2004HealthONE v. Rodriguez, 50 P.3d 879 (Colo.2002); Greenberg v. Perkins, 845 P.2d 530 (Colo.1993); Taco Bell, Inc. v. Lannon, 744 P.2d 43 (Colo.1987).

2002Greenberg v. Perkins, 845 P.2d 530, 536 (Colo.1993); Taco Bell, Inc. v. Lannon, 744 P.2d 43, 46 (Colo.1987)(citing Smith, 726 P.2d at 1127 ); Univ. of Denver v. Whitlock, 744 P.2d 54, 57 (Colo.1987).

2013Other factors include, "convenience of administration, capacity of the parties to bear the loss, a policy of preventing future injuries, the moral blame attached to the wrongdoer, and availability, cost, and prevalence of insurance." Whitlock, 744 P.2d at 57 n.2; see also Wheeler v. Eagle County, 666 P.2d 559, 562 (Colo.1988) (Rovira, J., dissenting) (factors include "the parties' relative ability to adopt practical means of preventing injury; the relative ability of the parties to bear the financial burden of injury and the availability of means by which the loss may be shifted or spread") (q

2013Id. at 1256 . 125 In answering the duty question, a court must consider many factors, "including, for example, the risk involved, the foreseeability and likelihood of injury as weighed against the social utility of the actor's conduct, the magnitude of the burden of guarding against injury or harm, and the consequences of placing the burden upon the actor." Casebolt v. Cowan, 829 P.2d 352, 856 (Colo.1992) (quoting Smith v. City & County of Denver, 726 P.2d 1125, 1127 (Colo.1986), superseded by§ 18-21-115, C.R.S.1987, as recognized in Vigil v. Franklin, 108 P.3d 822 , 325 n.3 (Colo.2004)).