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S.W. v. TOWERS BOAT CLUB, INC.

Supreme Court Case No. 12SC391.

315 P.3d 1257 (2013)

2013 CO 72

S.W., a minor by and through his parents and next friends, David and Rhonda Wacker; David Wacker; and Rhonda Wacker, Petitioners, v. TOWERS BOAT CLUB, INC., Respondent.

Supreme Court of Colorado.

December 23, 2013.

Attorney(s) appearing for the Case

Attorneys for Petitioners: Purvis Gray, LLP, John A. Purvis, Boulder, Colorado.

Attorneys for Respondent: Senter Goldfarb & Rice, L.L.C., Arthur J. Kutzer, Joel A. Palmer, Denver, Colorado.

En Banc

JUSTICE RICE delivered the Opinion of the Court.

¶ 1 We granted certiorari to consider an issue of first impression: whether, under Colorado's premises liability statute, section 13-21-115, C.R.S. (2013), the attractive nuisance doctrine applies only to trespassing children but not to licensees or invitees. We hold that the doctrine permits all children, regardless of their classification, to bring a claim for attractive...

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