Legal Opinion
SW ex rel. Wacker v. Towers Boat Club, Inc.
Colorado Court of Appeals
Decided April 26, 2012No. 11CA0935PublishedCited by 3 opinions
1Opinion of the Court
Opinion by
Judge TERRY.
T1 As an issue of first impression, we address whether, under the premises lability statute, section 18-21-1115, C.R.S.2011, a child licensee may assert a claim based on the attractive nuisance doctrine. We conclude that a child licensee may not maintain such a claim.
{2 Plaintiffs, SW, David Wacker, and Rhonda Wacker, appeal the trial court's summary judgment in favor of defendant, Towers Boat Club, Inc. (landowner). We affirm.
I. Background
13 On August 2, 2008, SW, then eleven years old, attended a social gathering at Pou-*39dre Reservoir Number 6. While he was playing on…
2Cases cited26 opinions
- Vigil v. FranklinSupreme Court of Colorado · 2004
- United Zinc & Chemical Co. v. BrittSupreme Court of the United States · 1922
- Mile High Fence Co. v. RadovichSupreme Court of Colorado · 1971
- Vaughan v. McMinnSupreme Court of Colorado · 1997
- A.C. Excavating v. Yacht Club II Homeowners Ass'nSupreme Court of Colorado · 2005
21 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Clem v. SchultzDistrict Court, D. Colorado · 2021
- S.W. ex rel. Wacker v. Towers Boat Club, Inc.Supreme Court of Colorado · 2013
- S.W. ex rel. Wacker v. Towers Boat Club, Inc.Supreme Court of Colorado · 2013