Vigil v. Franklin

We granted certiorari to consider whether the common law "open and obvious" doctrine survived the enactment of Colorado's premises liability statute, section 13-21-115, C.R.S. (2004), and whether the doctrine supported the grant of summary judgment against the plaintiff, Vigil. The majority now holds that no common law landowner principles survive the enactment of the premises liability statute, and hence that the common law defense of "open and obvious danger" is no longer applicable.

Because I read the express purpose of the premises liability statute as the protection of private property…