Colorado Revised Statutes § 13-21-115 governs personal injury actions brought against landowners arising out of conditions or activities on the property. The statute establishes three classes of plaintiffs (trespassers, licensees, and invitees) and sets forth the duties landowners owe to each. Whether a plaintiff is a trespasser, licensee, or invitee is a question of law for the court.

A trespasser is one who enters or remains on the property without the landowner’s consent. Trespassers can only recover for damages willfully or deliberately caused by the landowner.

A licensee is one who enters or remains on the property with the landowner’s permission for the licensee’s own convenience or to advance his or her own interests. This includes social guests of the landowner. Licensees can recover for a landowner’s failure to exercise reasonable care with respect to dangers created by the landowner of which the landowner actually knew. Licensees can also recover if a landowner unreasonably fails to warn of dangers not ordinarily present on land of the type involved and of which the landowner actually knew.

An invitee is one who enters or remains on the property with the landowner’s permission to transact business in which the parties are mutually interested. “Invitee” also includes or one who enters or remains on the property in response to the landowner’s express or implied representation that the public is requested, expected, or intended to enter or remain (e.g., customers). Invitees can recover for a landowner’s failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
Copyright © 2004 by Wood, Ris & Hames, P.C. All rights reserved.
You may reproduce materials available at this site for your own personal use and for non-commercial distribution.
All copies must include this copyright statement.