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​​​​​​​Landowner Liability Recreational Use Warning Signs

February 4, 2024

SB24-058

Summary

In current law, the "Colorado Recreational Use Statute" (CRUS) protects landowners (owners) from liability resulting from the use of their lands by other individuals for recreational purposes. However, the CRUS does not limit an owner's liability for injuries or death resulting from the owner's willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm (willful or malicious failure). The bill states that under such circumstances, an owner does not commit a willful or malicious failure if:

  1. The owner posts a warning sign at the primary access point where the individual entered the land, which sign satisfies certain criteria;
  2. The owner maintains photographic or other evidence of the sign; and
  3. The dangerous condition, use, structure, or activity that
    caused the injury or death is described by the sign.

The bill requires an individual who accesses land for recreational purposes to stay on the designated recreational trail, route, area, or roadway unless the owner expressly allows otherwise, or be deemed a trespasser. Currently, the CRUS states that "owner" includes the possessor of any interest in land. The bill clarifies that "owner" includes a possessor or holder of a conservation easement. The bill states that the CRUS may not be construed to limit an owner's ability to restrict or prohibit the use of the owner's land for an

Legislative Updates

  • 2024-02-23 / Engrossed
    House Third Reading Passed - No Amendments
  • 2024-02-22
    House Second Reading Special Order - Passed - No Amendments
  • 2024-02-20
    House Committee on Judiciary Refer Unamended to House Committee of the Whole
  • 2024-02-05 / Engrossed
    Introduced In House - Assigned to Judiciary
  • 2024-02-02
    Senate Third Reading Passed - No Amendments
  • 2024-02-01
    Senate Second Reading Passed with Amendments - Committee
  • 2024-01-29
    Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole
  • 2024-01-17
    Introduced In Senate - Assigned to Judiciary

This content is updated every Thursday, but is not a comprehensive list of updates. If you have questions regarding a specific piece of legislation, please contact DGS partner, Sarah Kellner.

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