Casemaker Libra

Handbook of Colorado Wrongful Death Law

Publication Year: 2015   Publication Type: Book


The purpose of this book is to furnish the reader with a comprehensive review of Colorado's wrongful death law. The text not only looks at the current state of the law, but examines its historical development as well. Where appropriate, the book provides critical analysis of major court decisions and identifies questions that remain unanswered. To put legal issues in the proper context, the text contains factual summaries of important cases. Study of this book should equip the practitioner to address most legal issues likely to arise in the handling of a wrongful death case in Colorado.

This Third Edition of the Handbook of Colorado Wrongful Death Law includes an extensive discussion of cases as well as the interplay of case law and statutes. Readers will find new analysis of when a prior settlement of a wrongful death claim by the decedent's surviving spouse precludes a subsequent wrongful death action by the decedent's child under the “one action” rule; what is a reasonable delay for purposes of relation back under C.R.C.P. 15(c); liability of corporate defendants for exemplary damages; the duty of a county jail to take reasonable care to prevent an inmate from committing suicide; governmental immunity for a sheriff's deputy involved in the fatal shooting of a motorist; the “but for” test for causation-in-fact; who is a landowner under the PLA; whether a mass shooting in a theatre was unforeseeable as a matter of law; wrongful death claims under the Ski Safety Act; and whether a requirement exists for each plaintiff to prove personal damages where multiple parties bring a wrongful death action as plaintiffs.

Gregory Giometti, Herbert Tucker

Table of Contents:

 Chapter 1 Overview of Wrongful Death Law in Colorado
Chapter 2 Colorado's Wrongful Death Act
Chapter 3 Historical Evolution of Colorado Wrongful Death Law - Abolition of The Net Pecuniary Loss Rule
Chapter 4 Whose Death Will Give Rise To A Wrongful Death Action
Chapter 5 Proper Plaintiffs in Wrongful Death Actions
Chapter 6 Allocation of Proceeds From A Wrongful Death Action
 Chapter 7 Conflict of Laws Principles Governing Wrongful Death Cases
Chapter 8 Statute of Limitations Governing Wrongful Death Actions
Chapter 9 Exemplary Damages in Wrongful Death Actions
Chapter 10 Liability Issues
Chapter 11 Compensatory Damages in Wrongful Death Actions
Chapter 12 Applying Dram Shop Liability Laws To Wrongful Death Actions
Chapter 13 Constitutional Issues Arising From Colorado's Wrongful Death Act

  • Continuing Legal Education
  • Area of Practice