UPDATE: On June 3, 2015, Governor Hickenlooper signed the Claire Davis Safety Act, which creates a right to sue the State of Colorado if school districts fail to exercise reasonable care to protect students, faculty or staff from crimes of violence.
Claire Davis was the high school senior killed by fellow student, Karl Pierson, during the Arapahoe High School shooting of December 13, 2013. Out of the ashes of this tragedy, Claire Davisā brave parents, Michael and Desiree, successfully lobbied for a change in the Colorado Sovereign Immunity Act to create an actionable claim against a public school district when a crime of violence is committed on public school property or during school-sponsored activities under certain circumstances. In the Act, crime of violence means that a person committed, conspired to commit, or attempted to commit murder, first degree assault, or felony sexual assault resulting in serious bodily injury. Serious bodily injury is defined in the Act as an injury that involves a substantial risk of death, a substantial risk of permanent physical impairment, or a substantial risk or protracted loss or impairment of the function of any organ of the body.
Now signed by the Governor, Senate Bill 15-213 allows for victims to bring claims against a public school district if they fail to exercise reasonable care to protect students, faculty, or staff from acts committed by another person when the harm is reasonably foreseeable and while students, faculty or staff are within the school facilities or are participating in school-sponsored activities. The introduction of the Bill specifically details that since April 20, 1999, there have been three separate incidents of school violence in Colorado, all resulting in students being killed at their schools. The sponsors of the Bill noted that parents should have a reasonable expectation that when they send their children to a public school, the school and its employees will take steps to keep the children safe. The Act creates a new Colorado State statute (C.R.S. 24-10-106.3) and specifically provides that under these circumstances, anyone injured may make a claim up to the governmental immunity limits of $350,000 per injured or killed person, and $900,000 per incident.
The Davisā brought to light what Colorado personal injury attorneys have known for a long time, just how little legal responsibility public schools had in the most overt cases of negligence on the part of the school to take action to protect students and faculty from the violent crime on school property. The Claire Davis Safety Act is a step in the right direction to better protect Colorado residents. And while no amount of money will bring back 17 year old Claire Davis, or any of the other victims of violent crimes on school property, this law sends the clear message that schools have a duty to protect students and faculty, and they will be held liable if they do not make the appropriate efforts.
- Comprehensive Insurance in Colorado: What it is and why is it important?
- Maximize Your Colorado Motorcycle Accident Settlement
- Hiring a Bike Accident Attorney Denver: What You Need to Know
- Jason Alleman Accepts CTLA's Legal Professionalism Award
- Appeals Court Orders Judge to Reconsider Drastic Reduction of Record Wrongful Death Verdict
DENVER HEADQUARTERS
Denver Injury Lawyers
Phone - (303) 782-9999
Phone - (888) 492-6342
Fax - (303) 782-9996
Denver Law Office
5613 DTC Parkway Suite 700
Denver, CO 80111
Get directions
Request a free consultation
We would be honored to meet with you and consider your case. Call us at (303) 782-9999 or submit your case information below for prompt response.
COLORADO SPRINGS OFFICE
Colorado Springs Injury Lawyers
Phone - (719) 575-9999
Phone - (888) 492-6342
Colorado Springs Law Office
102 South Tejon Street, #1100
Colorado Springs, CO 80903
Get directions
View all locationsAreas We Serve
Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Arvada, Westminster, Greeley, Pueblo, Centennial, Boulder, Highlands Ranch, Longmont, Castle Rock, Loveland, Broomfield, Grand Junction, Commerce City, Parker, Littleton, Brighton, Windsor, Security-Widefield, Northglenn, Erie, Pueblo West, Englewood, Dakota Ridge, Ken Caryl, Wheat Ridge, Lafayette, Fountain, Columbine, Evans, Four Square Mile, Montrose, Louisville, Golden, Durango, Johnstown, Clifton, Sherrelwood, Cimarron Hills, Firestone, Fort Carson, Frederick, CaƱon City, Welby, Greenwood Village, Castle Pines, Black Forest, Lone Tree, Federal Heights, Fruita, Steamboat Springs, Superior, Berthoud, Sterling, Monument, Wellington, Fort Morgan, Berkley, Cherry Creek, Severance, Edwards, Rifle, The Pinery, Fairmount, Glenwood Springs, Gunbarrel, Timnath, Alamosa, Stonegate, Delta, Fort Lupton, Milliken, Roxborough Park, Craig, Cortez, Derby, Evergreen, Redlands, Woodmoor, Gypsum, Lochbuie, Trinidad, Fruitvale, Applewood, Woodland Park, Twin Lakes, Lamar, Eagle, Orchard Mesa, Stratmoor, La Junta, Gunnison, Carbondale, Aspen, Dacono, Mead, Gleneagle, Cherry Hills Village, Avon, Sheridan, Salida, Eaton, Estes Park, Dove Valley, Shaw Heights, Brush, West Pleasant View, Battlement Mesa, Todd Creek, Meridian, Breckenridge, Silverthorne, Edgewater, New Castle, Manitou Springs, Vail, Castle Pines Village, Glendale city, Lincoln Park, El Jebel, Niwot, Monte Vista, Genesee, Basalt, Penrose, Florence, Rocky Ford, Silt, Ponderosa Park, Bennett, Yuma, Orchard City, Strasburg, Burlington, Walsenburg, Buena Vista, Snowmass Village, Sierra Ridge, Platteville, Bayfield, Holly Hills, Inverness, Stepping Stone, Frisco, Ault, Leadville, Acres Green, Palisade, Palmer Lake, Telluride, Meridian Village, Elizabeth, Coal Creek CDP, Cedaredge, Park Center, Las Animas, Meeker, Wray, La Salle, Holyoke, Rangely, Granby, Laporte, Lyons, Keenesburg, Leadville North, Limon, Aristocrat Ranchettes, Olathe, Colorado City, Center, Hayden, Sterling Ranch, Wiggins, Pagosa Springs, Akron, Perry Park, Idaho Springs, Columbine Valley, Crested Butte, Byers, Hudson, Deer Trail, Kersey, Nederland, Loma, Paonia, Fraser, Indian Hills, Kremmling, Del Norte, Parachute, Alamosa East, Cascade-Chipita Park, Springfield, Poncha Springs, Georgetown, Mancos, Ellicott, Ridgway, Julesburg, Mountain Village, Fowler, Aetna Estates, Dotsero, Towaoc, Winter Park, Cripple Creek, Pierce, Ordway, Kittredge, Gilcrest, Dillon, Lazy Acres, Aspen Park, Keystone, Watkins, Howard, Haxtun, Minturn, Manassa, Mount Crested Butte, Hotchkiss, Dolores, Upper Bear Creek, Ouray
About Our Law Firm
Anderson Hemmat, LLC is a personal injury law firm with locations in and around Denver, Colorado, handling all personal injury cases including car accidents, truck accidents, motorcycle accidents, wrongful death, slip and fall, premises liability and more. Our award-winning Denver injury attorneys have recovered millions of dollars for accident victims. If you were injured in Denver, contact our law firm today, we offer a free initial consultation.