Alexa Rae Loveland v. St. Vrain Valley School District, 2012COA112, (July 5, 2012)

A nine year old elementary school student suffered a compound fracture of her arm when she fell off a “zip-line” that was part of the public school’s playground equipment. The child and her parents sued. The school claimed, and the trial court agreed, that it was immune from the claim as a governmental entity. However, public entities can be sued if injuries result from a dangerous condition of a “public facility” maintained by a public entity. The court of appeals concluded, apparently for the first time, that public school playground equipment was a “public facility.” It was “public” because it was visible to all and not secluded. It was a “facility” because it was man-made, a mechanical device, and installed for children to play upon. The school, therefore, was not immune to a “public facility” claim. The school was, however, immune from the negligent supervision claim.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1019-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8586&courtid=1

[Certiorari Granted]

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Filed under Government, Personal Injury, Torts

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