SB 22-115 Summary

• Establishes the "Colorado Premises Liability Act" as the short title for landowner liability law and clarifies that the Wagner court decisions do not accurately reflect legislative intent regarding landowner liability for third-party criminal conduct.

• Declares that foreseeability of third-party criminal conduct cannot be based on whether goods or services offered by a landowner are controversial, and that landowners cannot be held liable as a substantial factor in causing harm without considering whether a third-party criminal act was the predominant cause.

• Maintains the three-tier liability framework where trespassers may only recover for willful or deliberate harm, licensees may recover for unreasonable failure to exercise reasonable care regarding known dangers, and invitees may recover for unreasonable failure to protect against known or knowable dangers.

• Limits invitee recovery on agricultural or vacant land to dangers the landowner actually knew about, rather than dangers the landowner should have known about.

• Applies to all actions pending on or after the effective date of the act and declares the act necessary for immediate preservation of public peace, health, or safety.