McLaughlin v. Oxley et. al., 2012COA114 (July 5, 2012)

To encourage services to assist developmentally disabled persons, the Colorado Legislature enacted a law that provides immunity in any civil action for failure to predict, prevent, warn or protect against the violent, assaultive, disorderly, or harassing behavior of a developmentally disabled person. In this case, a service provider left his charge unsupervised with his own son. The disabled person then allegedly assaulted the son, was arrested, but found incompetent to stand trial. The parents of the disabled person sued the service provider individually for his failure to supervise their son, to provide one-on-one services, and to provide a reasonably safe environment. They sued the employer for failure to train their employee. Because plaintiff’s claims were based on the failure to predict or prevent the assaultive behavior, the provider was immune from liability.

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1 Comment

Filed under Personal Injury, Torts

One response to “McLaughlin v. Oxley et. al., 2012COA114 (July 5, 2012)

  1. Pingback: March Supreme Court Certiorari Grants and Issues Justices Would Have Granted | Colorado Litigation Report ™

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