Tag Archives: Attractive Nuisance

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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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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New grant in S. W., a minor v. Towers Boat Club, Inc.

The Supreme Court granted certiorari review in 1 civil case, related to the premises liability statute. See the CLR’s summary of the court of appeals decision HERE.

Click HERE for the Summary of the Issue for which certiorari review was granted.

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