Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0278.01 Thomas Morris HOUSE BILL 10-1086 HOUSE SPONSORSHIP Curry, SENATE SPONSORSHIP Hodge, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning a limitation of landowners' liability, and, in connection therewith, limiting landowners' liability arising from facilities related to water rights and from the use of land for recreational purposes. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, a landowner can be held liable for injuries suffered by a trespassing minor if the land contains an attractive nuisance. Sections 1 and 4 of the bill specify that a facility constructed for the diversion, storage, conveyance, or use of water is not an attractive nuisance with regard to a landowner's liability to a trespasser. Sections 2 and 3 expand the definition of "recreational purpose" as to which a landowner's liability is limited under current law. Section 3 also specifies that a landowner is not liable for injuries to members of the public who use land for recreational purposes unless the landowner willfully or deliberately caused the injuries. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 13-21-115 (2), Colorado Revised Statutes, is amended to read: 13-21-115. Actions against landowners. (2) Except as specified in article 41 of title 33, C.R.S., in any civil action brought against a landowner by a person who alleges injury occurring while on the real property of another and by reason of the condition of such property, or activities conducted or circumstances existing on such property, the landowner shall be liable only as provided in subsection (3) of this section. Sections 13-21-111, 13-21-111.5, and 13-21-111.7 shall apply to an action to which this section applies. This subsection (2) shall not be construed to abrogate the doctrine of attractive nuisance as applied to persons under fourteen years of age; except that, notwithstanding any other provision of this section, property that was constructed or is used for or in connection with irrigation ditches, laterals, channels, canals, reservoirs, dams, weirs, flumes, headgates, bridges and footbridges over or across water, or any other device, facility, or structure constructed for the diversion, storage, conveyance, or use of water shall not be held to be an attractive nuisance. A person who is at least fourteen years of age but is less than eighteen years of age shall be presumed competent for purposes of the application of this section. SECTION 2. 33-41-102 (5), Colorado Revised Statutes, is amended to read: 33-41-102. Definitions. As used in this article, unless the context otherwise requires: (5) "Recreational purpose" includes, but is not limited to, any sports or other recreational activity of whatever nature undertaken by a person while using the land, including ponds, lakes, reservoirs, streams, paths, and trails appurtenant thereto, of another and includes, but is not limited to, any hobby, diversion, or other sports or other recreational activity such as: Hunting, fishing, camping, picnicking, hiking, horseback riding, snowshoeing, cross country skiing, bicycling, riding or driving motorized recreational vehicles, exercising, rafting, boating, kayaking, canoeing, swimming, tubing, diving, spelunking, sight-seeing, exploring, hang gliding, rock climbing, kite flying, roller skating, bird watching, gold panning, target shooting, ice skating, ice fishing, photography, nature study, viewing or visiting historical, archaeological, scenic, or scientific sites, or engaging in any other form of sports or other recreational activity. SECTION 3. 33-41-103 (1) and (2) (e) (III), Colorado Revised Statutes, are amended to read: 33-41-103. Limitation on landowner's liability. (1) (a) Subject to the provision of section 33-41-105, an owner of land who either directly or indirectly invites or permits, without charge, any person to use such property for recreational purposes does not thereby: (a) (I) Extend any assurance that the premises are safe for any purpose; (b) (II) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed; (c) (III) Assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person. (b) A landowner is not liable for injuries or damages to members of the public, regardless of age and whether or not they are invitees, licensees, or trespassers, who used land for recreational purposes unless the landowner willfully or deliberately caused the injuries or damages. (2) (e) For purposes of this subsection (2) only, unless the context otherwise requires: (III) "Recreational purposes" includes, but is not limited to, any sports or other recreational activity of whatever nature undertaken by an invited guest while using the land, including ponds, lakes, reservoirs, streams, paths, and trails appurtenant to, of another and includes, but is not limited to, any hobby, diversion, or other sports or other recreational activity such as: Fishing, picnicking, hiking, horseback riding, snowshoeing, cross country skiing, bicycling, exercising, rock climbing, rafting, boating, kayaking, canoeing, swimming, tubing, diving, sight-seeing, exploring, kite flying, bird watching, gold panning, ice skating, ice fishing, photography, nature study, viewing or visiting historical, archaeological, scenic, or scientific sites, or engaging in any other form of sports or other recreational activity, as well as any activities related to such sports or recreational activities, and any activities directly or indirectly resulting from such sports or recreational activity. SECTION 4. The introductory portion to 33-41-104 (1) and 33-41-104 (1) (c), Colorado Revised Statutes, are amended to read: 33-41-104. When liability is not limited. (1) Nothing in this article limits in any way any liability which that would otherwise exist: (c) For maintaining an attractive nuisance; except that if the following property used for public recreational purposes shall not constitute an attractive nuisance: (I) Property that was used for public recreational purposes and that contains mining operations that were abandoned or left in an inadequate reclamation status as provided in section 33-41-103 (2) (e) (II); or and (II) Property that was constructed or is used for or in connection with irrigation ditches, laterals, channels, canals, reservoirs, dams, weirs, flumes, headgates, bridges and footbridges over or across water, or any other device, facility, or structure constructed for the diversion, storage, conveyance, or use of water; the property and the water or abandoned mining operations within such property shall not constitute an attractive nuisance; SECTION 5. Applicability. This act shall apply to conduct occurring on or after the effective date of this act. SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.