November 23, 2017

Colorado Supreme Court: Non-negligently Constructed and Maintained Playground Equipment Cannot be “Dangerous Condition” for CGIA Waiver Purposes

The Colorado Supreme Court issued its opinion in St. Vrain Valley School District RE-1J v. Loveland on Monday, May 22, 2017.

Governmental Immunity—Waiver of Governmental Immunity—Dangerous Condition.

In this case, the supreme court considered the Colorado Governmental Immunity Act’s “recreation-area waiver,” which deprives a public entity of immunity in an action for injuries resulting from a dangerous condition of a public facility located in a recreation area. Specifically, the court examined the meaning of “dangerous condition” under the recreation-area waiver. The court held that a non-negligently constructed and maintained piece of playground equipment cannot be a “dangerous condition” under the waiver. Given this holding, the facts respondents alleged cannot show that a “dangerous condition” existed in this case. The court therefore concluded that the recreation-area waiver did not apply and petitioner retained its immunity from suit. The court reversed the judgment of the court of appeals and remanded to that court to reinstate the trial court’s order.

Summary provided courtesy of The Colorado Lawyer.

Print Friendly, PDF & Email

Speak Your Mind

*