Tag Archives: Condition

Sara L. Burnett v. State of Colorado, Department of Natural Resources, Division of Parks and Outdoor Recreation, 2013COA42 (March 28, 2013)

If a tree falls in the forest, will a court hear a claim in court? In this case, no. A tree branch falls on a camper; the tree was next to the official campsite. Here, the issue was whether the tree was a “public facility” and part of the campground. The Colorado Governmental Immunity Act grants immunity for injuries caused by natural conditions not on a public facility. The trial court, and the court of appeals held that a tree is not a public facility because it is not integral to the use and enjoyment of the campground “merely because they provide shade, protection, and aesthetic values…” Also, the tree, next to the campsite, was still in an “unimproved” area and was a natural condition; so, the state had no duty to maintain the tree. The dissent would have found the tree incorporated into the facility, and a dangerous condition for which the state was responsible. The state was immune.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA2141-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8883&courtid=1

NOTE: The Colorado Supreme Court granted Certiorari on November 12, 2103.

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Filed under Government, Personal Injury, Torts