Gary Larrieu v. Best Buy Stores, L.P., 2013CO38 (June 24, 2013)

“Thousands of possibilities [to sue]. Get yours.” – Best Buy tagline. Plaintiff was on Best Buy’s property to purchase a refrigerator and was injured. Plaintiff sued under the Premises Liability Act (PLA) and ended up in federal court. The district court dismissed, finding the PLA only applies to activities “directly and inherently” related to the land. On appeal, the Tenth Circuit certified a question to the Court asking if that was correct. Answer: no. The PLA is more broad than “directly and inherently,” but not so broad that it applies to any tort on another’s property. Interpreting Pierson v. Black Canyon, the Court held that the PLA applies to “conditions, activities, and circumstances on the property” that the landowner is liable for as a landowner. Thus, the fact-specific inquiry must include whether the injury was caused by the landowner’s actions as the landowner.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SA213.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8999&courtid=2

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1 Comment

Filed under Personal Injury, Torts

One response to “Gary Larrieu v. Best Buy Stores, L.P., 2013CO38 (June 24, 2013)

  1. Pingback: Barbara Jordan v. Panorama Orthopedics & Spine Center, PC, 2013COA87 (June 6, 2013) | Colorado Litigation Report ™

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