Court of Appeals reversed in S.W. ex rel. Wacker v. Towers Boat Club, Inc.

Below is a reproduction of the Court’s Advance Sheet Headnote.  A full CLR summary and post will follow.

No. 12SC391, S.W. ex rel. Wacker v. Towers Boat Club, Inc. – Attractive Nuisance – Section 13-21-115, C.R.S. (2013).

 In this attractive nuisance case, the Colorado Supreme Court considers whether, under Colorado’s premises liability statute, section 13-21-115, C.R.S. (2013), the attractive nuisance doctrine applies only to trespassing children but not to licensees or invitees. The Supreme Court holds that the doctrine permits all children, regardless of their classification, to bring a claim for attractive nuisance. The Supreme Court therefore reverses the judgment of the court of appeals because it erroneously held that the attractive nuisance doctrine only protects trespassing children.

A link to the Supreme Court’s decision is HERE. 

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