S.W., a minor by and through, David Wacker; and Rhonda Wacker v. Towers Boat Club, Inc., 2013CO72 (Dec 23, 2013)

“It’s innocence when it charms us, ignorance when it doesn’t.” Mignon McLaughlin. A child “licensee” (invited guest) was severely injured while playing on a bungee run. The opinion addresses the interplay between Colorado’s premises liability statute CRS 13-21-115, the common law doctrine of attractive nuisance, and whether the common law applies to all types of child entrants on land or, as the court of appeals held, only to trespassers. The Court concluded the doctrine applied to all children because the common law (incorporated into the statute) did not make a distinction. If the object attracted the child and caused injury, the doctrine applies. The dissents’ perspective differed. Justice Eid argued the child should be treated as a licensee. In Justice Marquez’s view, the object’s attraction causes a child to trespass, and thus the doctrine only applies to trespassers.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SC391.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9200&courtid=2

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