SW, a minor v. Towers Boat Club, Inc., 2012COA77 (April 26, 2012)

Children are fearless and sometimes get injured when playing on someone else’s property. Typically, there are three kinds of people injured on property: an invitee, a licensee, and a trespasser. An invitee is basically a store customer for whom a landlord owes a higher level of protection; a licensee is a social guest at a house and is entitled to moderate protection; and a trespasser is on property without consent and is owed only minimal protection. However, as the court of appeals held in this case, an otherwise trespassing child who enters property because of an attractive nuisance is “invited” by the nuisance, and owed the protection of an invitee. But the attractive nuisance doctrine only applies to trespassing children. So a child “licensee” cannot rely on the doctrine. The court found the scheme constitutional because it is rational to give children higher protection.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA0935-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8497&courtid=1

[Certiorari Granted]  The Court of Appeals’ opinion reversed on appeal. A link to the Supreme Court’s decision is HERE.

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6 Comments

Filed under Personal Injury, Torts

6 responses to “SW, a minor v. Towers Boat Club, Inc., 2012COA77 (April 26, 2012)

  1. Pingback: Gerald Corder v. William Folds, Jr., 2012COA174 (October 11, 2012) | Colorado Litigation Report

  2. The Supreme Court granted certiorari in this case on December 3, 2012, case number 12SC391.
    https://coloradolitigation.wordpress.com/certiori/

    Like

  3. Pingback: New grant in S. W., a minor v. Towers Boat Club, Inc. | Colorado Litigation Report

  4. Pingback: Gary Larrieu v. Best Buy Stores, L.P., 2013CO38 (June 24, 2013) | Colorado Litigation Report ™

  5. Pingback: Court of Appeals reversed in S.W. ex rel. Wacker v. Towers Boat Club, Inc. | Colorado Litigation Report ™

  6. Pingback: S.W., a minor by and through, David Wacker; and Rhonda Wacker v. Towers Boat Club, Inc., 2013CO72 (Dec 23, 2013) | Colorado Litigation Report ™

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