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

€29 I agree with the majority that this case turns on the interplay between Colorado's premises liability statute, section 13-21-115, C.R.S. (2013), and the common law doe-trine of attractive nuisance. Maj. op. ¶ 9. Section 13-21-115(2) provides that the premises liability statute "shall not be construed to abrogate the doctrine of attractive nuisance as applied to persons under fourteen years of age." Thus, whether S.W., a child licensee, may bring a claim for attractive nuisance turns on whether that common law doctrine applied to child licensees. The majority holds that the common law…