Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0234.01 Shelby Ross x4510
SENATE BILL 22-115
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CLARIFYING CERTAIN TERMS AS THE TERMS RELATE TO101
A LANDOWNER'S LIABILITY.102
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://leg.colorado.gov
.)
The bill clarifies the meaning of terms related to landowner
liability and declares that the Colorado court of appeals and supreme
court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner
should not be relied upon to the extent that those decisions determined:
! The foreseeability of third-party criminal conduct based
upon whether the goods or services offered by a landowner
SENATE
2nd Reading Unamended
February 22, 2022
SENATE SPONSORSHIP
Jaquez Lewis and Gardner,
HOUSE SPONSORSHIP
Soper and Tipper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. are controversial; and
! That a landowner could be held liable as a substantial
factor in causing harm without considering whether a
third-party criminal act was the predominant cause of that
harm.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Rocky Mountain Planned Parenthood, Inc. v. Wagner, 20204
CO 51, 467 P.3d 287 and Wagner v. Planned Parenthood Federation of5
America, Inc., 2019 COA 26, 471 P.3d 1089, are contrary to the stated6
purpose of the landowner liability statute to the extent that it does not7
create a legal climate that will promote private property rights and8
commercial enterprise and foster the availability and affordability of9
insurance; and10
(b) In light of the Colorado court of appeals and supreme court11
decisions in Wagner, and solely to the extent that Wagner contravenes12
existing Colorado law and public policy, the general assembly finds it13
necessary and appropriate to amend the landowner liability statute to14
clarify its scope and meaning. In doing so, the general assembly does not15
intend to expand or constrict the protections afforded to landowners and16
invitees under the landowner liability statute, or any other statute,17
including but not limited to the "Claire Davis School Safety Act", or to18
reject or otherwise disturb any judicial decision other than Wagner.19
SECTION 2. In Colorado Revised Statutes, amend 13-21-115 as20
follows:21
13-21-115. Actions against landowners - short title - legislative22
declaration - definitions. (1) For the purposes of this section,
23
115-2- "landowner" includes, without limitation, an authorized agent or a person1
in possession of real property and a person legally responsible for the2
condition of real property or for the activities conducted or circumstances3
existing on real property.4
(1.5) THE SHORT TITLE OF THIS SECTION IS THE "COLORADO5
P
REMISES LIABILITY ACT".6
(2) The general assembly hereby
finds and declares THAT:7
(a) That The provisions of this section were enacted in 1986 to8
promote a state policy of responsibility by both landowners and those9
upon the land as well as to assure ENSURE that the ability of an injured10
party to recover is correlated with his THE INJURED PARTY'S status as a11
trespasser, licensee, or invitee;12
(b) That These objectives were characterized by the Colorado13
supreme court as "legitimate governmental interests" in Gallegos v.14
Phipps, No. 88 SA 141 (September 18, 1989) 779 P.2d 856 (COLO. 1989);15
(c) That The purpose of amending this section in the 199016
legislative session is WAS to:17
(I) Assure ENSURE that the language of this section effectuates18
these legitimate governmental interests by imposing on landowners a19
higher standard of care with respect to an invitee than a licensee and a20
higher standard of care with respect to a licensee than a trespasser;
AND21
(d) That the purpose of this section is also to
22
(II) Create a legal climate which THAT will promote private23
property rights and commercial enterprise and will foster the availability24
and affordability of insurance;25
(e) (d) That The general assembly recognizes that by amending26
this section it is not reinstating the common law status categories as they27
115
-3- existed immediately prior to Mile Hi Fence v. Radovich, 175 Colo. 537,1
489 P.2d 308 (1971) but that its purpose is to protect landowners from2
liability in some circumstances when they were not protected at common3
law and to define the instances when liability will be imposed in the4
manner most consistent with the policies set forth in paragraphs (a), (c),5
and (d) of this subsection (1.5) SUBSECTIONS (2)(a) AND (2)(c) OF THIS6
SECTION; AND7
(e) (I) T
HE GENERAL ASSEMBLY DECLARES THAT THE ROCKY8
M
OUNTAIN PLANNED PARENTHOOD, INC. V. WAGNER, 2020 CO 51, 467 P.3d9
287,
AND WAGNER V. PLANNED PARENTHOOD FEDERATION OF AMERICA,10
I
NC., 2019 COA 26, 471 P.3d 1089, DECISIONS WERE IMPROPERLY11
DECIDED REGARDING LANDOWNER LIABILITY AND MUST NOT BE RELIED12
UPON IN APPLYING THIS SECTION TO THE EXTENT THAT THE MAJORITY13
OPINIONS DETERMINED:14
(A) T
HE FORESEEABILITY OF THIRD-PARTY CRIMINAL CONDUCT15
BASED UPON WHETHER THE GOODS OR SERVICES OFFERED BY A16
LANDOWNER ARE CONTROVERSIAL ; AND17
(B) T
HAT A LANDOWNER COULD BE HELD LIABLE AS A18
SUBSTANTIAL FACTOR IN CAUSING HARM WITHOUT CONSIDERING WHETHER19
A THIRD-PARTY CRIMINAL ACT WAS THE PREDOMINANT CAUSE OF THAT20
HARM, AS NOTED BY THE DISSENTING JUSTICES AND JUDGE .21
(II) I
N MAKING THIS DECLARATION, THE GENERAL ASSEMBLY DOES22
NOT INTEND TO REJECT OR OTHERWISE DISTURB ANY JUDICIAL DECISION23
OTHER THAN THE WAGNER DECISIONS .24
(2)
(3) In any civil action brought against a landowner by a person25
who alleges injury occurring while on the real property of another and by26
reason of the condition of such property, or activities conducted or27
115
-4- circumstances existing on such property, the landowner shall be IS liable1
only as provided in subsection (3) SUBSECTION (4) of this section.2
Sections 13-21-111, 13-21-111.5, and 13-21-111.7 shall ONLY apply to3
an action to which this section applies. This subsection (2) shall4
SUBSECTION (3) MUST not be construed to abrogate the doctrine of5
attractive nuisance as applied to persons under fourteen years of age. A6
person who is at least fourteen years of age but is less than eighteen years7
of age shall be IS presumed competent for purposes of the application of8
this section.9
(3) (4) (a) A trespasser may ONLY recover only for damages10
willfully or deliberately caused by the landowner.11
(b) A licensee may
ONLY recover only for
damages caused:12
(I) By the landowner's unreasonable failure to exercise reasonable13
care with respect to dangers created by the landowner of which THAT the14
landowner actually knew
ABOUT; or15
(II) By the landowner's unreasonable failure to warn of dangers16
not created by the landowner which
THAT are not ordinarily present on17
property of the type involved and of which THAT the landowner actually18
knew
ABOUT.19
(c) (I) Except as otherwise provided in subparagraph (II) of this
20
paragraph (c) SUBSECTION (4)(c)(II) OF THIS SECTION, an invitee may21
recover for damages caused by the landowner's unreasonable failure to22
exercise reasonable care to protect against dangers of which he THE23
LANDOWNER actually knew ABOUT or should have known ABOUT.24
(II) If the landowner's real property is classified for property tax25
purposes as agricultural land or vacant land, an invitee may recover for26
damages caused by the landowner's unreasonable failure to exercise27
115
-5- reasonable care to protect against dangers of which he THE LANDOWNER1
actually knew
ABOUT.2
(3.5)
(5) It is the intent of the general assembly in enacting the3
provisions of subsection (3) SUBSECTION (4) of this section that the4
circumstances under which a licensee may recover include all of the5
circumstances under which a trespasser could recover and that the6
circumstances under which an invitee may recover include all of the7
circumstances under which a trespasser or a licensee could recover.8
(4) (6) In any action to which this section applies, the judge9
COURT shall determine whether the plaintiff is a trespasser, a licensee, or10
an invitee, in accordance with the definitions set forth in subsection (5)11
SUBSECTION (7) of this section. If two or more landowners are parties12
defendant PARTY DEFENDANTS to the action, the judge COURT shall13
determine the application of this section to each such landowner. The14
issues of liability and damages in any such action shall MUST be15
determined by the jury or, if there is no jury, by the judge COURT.16
(5) (7) As used in this section, UNLESS THE CONTEXT OTHERWISE17
REQUIRES:18
(a) "Invitee" means a person who enters or remains on the land of19
another to transact business in which the parties are mutually interested20
or who enters or remains on such land in response to the landowner's21
express or implied representation that the public is requested, expected,22
or intended to enter or remain.23
(b) "L
ANDOWNER" MEANS, WITHOUT LIMITATION, AN AUTHORIZED24
AGENT OR A PERSON IN POSSESSION OF REAL PROPERTY AND A PERSON25
LEGALLY RESPONSIBLE FOR THE CONDITION OF REAL PROPERTY OR FOR26
THE ACTIVITIES CONDUCTED OR CIRCUMSTANCES EXISTING ON REAL27
115
-6- PROPERTY.1
(b) (c) "Licensee" means a person who enters or remains on the2
land of another for the licensee's own convenience or to advance his THE3
LICENSEE'S own interests, pursuant to the landowner's permission or4
consent. "Licensee" includes a social guest.5
(c) (d) "Trespasser" means a person who enters or remains on the6
land of another without the landowner's consent.7
(6) (8) If any provision of this section is found by a court of8
competent jurisdiction to be unconstitutional, the remaining provisions of9
the section shall be ARE deemed valid.10
SECTION 3. Applicability. This act applies to actions pending11
on or after the effective date of this act.12
SECTION 4. Safety clause. The general assembly hereby finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety.15
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