Legal Opinion

S.W. ex rel. Wacker v. Towers Boat Club, Inc.

Supreme Court of Colorado

Decided December 23, 2013No. Supreme Court Case No. 12SC391Published

1Opinion of the CourtJustice Rice

T1 We granted certiorari to consider an issue of first impression: whether, under *1258Colorado's premises liability statute, section 13-21-115, C.R.S. (2018), the attractive nuisance doctrine applies only to trespassing children but not to licensees or invitees. We hold that the doctrine permits all children, regardless of their classification, to bring a claim for attractive nuisance. We therefore reverse the judgment of the court of appeals because it erroneously held that the attractive nuisance doctrine only protects trespassing children. On remand, the trial court must consider the merits of…

2Cases cited16 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Vigil v. FranklinSupreme Court of Colorado · 2004
  3. Mile High Fence Co. v. RadovichSupreme Court of Colorado · 1971
  4. Cotter Corp. v. American Empire Surplus Lines Insurance Co.Supreme Court of Colorado · 2004
  5. Frazier v. PeopleSupreme Court of Colorado · 2004

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