Injuries to trespassing children

Posted by: Apr 16, 2013By Brian Stutheit

The premises liability act makes it almost impossible for an adult trespasser to sue the property owner.  A trespasser may recover only for damages willfully or deliberately caused by the landowner.

However, children under age 14 may be trespassers, and still sue the landowner for injuries suffered under Colorado’s “attractive nuisance doctrine.”  If a child was attracted onto the premises by an unusual activity being carried out on the premises or by an unusual condition, other than a natural condition, existing on the premises, the child will be treated as an invitee.  See blog posted April 8, 2013 for discussion of duties owed by landowner to invitees.

Common examples of attractive nuisances include unprotected pools, trampolines, defective play structures, old cars, piles of sand and debris, ponds, and dangerous animals.