The Colorado Supreme Court issued its opinion in Larrieu v. Best Buy Stores, L.P. on Monday, June 24, 2013.
CAR 21.1 Certified Question—Colorado Premises Liability Statute—Landowner Liability for Activities Conducted or Circumstances Existing on Real Property.
The Supreme Court considered a reformulated certified question from the U.S. Court of Appeals for the Tenth Circuit: whether Colorado’s premises liability statute, CRS § 13-21-115, applies as a matter of law only to those activities and circumstances that are directly or inherently related to the land. The Supreme Court held that the statute is not, as a matter of law, restricted solely to activities and circumstances that are directly or inherently related to the land. That restriction does not appear in the statutory language, and the Court declined to adopt it now. Instead, the Court held that the premises liability statute applies to conditions, activities, and circumstances on the property that the landowner is liable for in its legal capacity as a landowner. This inquiry necessitates a fact-specific, case-by-case inquiry into whether (1) the plaintiff’s alleged injury occurred while on the landowner’s real property, and (2) the alleged injury occurred by reason of the property’s condition or as a result of activities conducted or circumstances existing on the property.
Summary and full case available here.