§ 33-41-104 — When liability is not limited - warning signage - trespassers

Colorado § 33-41-104

• Jurisdiction: Colorado
• Title 33: Parks and
• Art.: Owners of Recreational Areas - Liability

Text

(1)
Nothing in this article limits in any way any liability which would otherwise exist:

(a) For willful or malicious failure to guard or warn against a known
dangerous condition, use, structure, or activity likely to cause harm;

(b) For injury suffered by any person in any case where the owner of land
charges the person who enters or goes on the land for the recreational use thereof;
except that, in case of land leased to a public entity or in which a public entity has
been granted an easement or other rights to use land for recreational purposes any
consideration received by the owner for such lease, easement, or other right shall
not be deemed a charge within the meaning of this article nor shall any
consideration received by an owner from any federal governmental agency for the
purpose of admitting any person constitute such a charge;

(c) For maintaining an attractive nuisance; except that, if the property used
for public recreational purposes contains mining operations that were abandoned
or left in an inadequate reclamation status as provided in section 33-41-103 (2)(e)(II)
or was constructed or is used for or in connection with the diversion, storage,
conveyance, or use of water, the property and the water or abandoned mining
operations within such property shall not constitute an attractive nuisance;

(d) For injury received on land incidental to the use of land on which a
commercial or business enterprise of any description is being carried on; except
that in the case of land leased to a public entity for recreational purposes or in
which a public entity has been granted an easement or other rights to use land for
recreational purposes, such land shall not be considered to be land upon which a
business or commercial enterprise is being carried on.

(2) As used in subsection (1)(a) of this section, in the event that an individual
who lawfully enters land at a primary access point is injured or killed on the land by
a known dangerous condition, use, structure, or activity that is likely to cause harm,
the owner does not commit a willful or malicious failure to guard or warn against
the known dangerous condition, use, structure, or activity likely to cause harm if:

(a) Prior to the injury or death, the owner posts a sign at the primary access
point where the individual entered the land, which sign:

(I) Includes the following text:

WARNING

YOU ARE ENTERING THIS LAND FOR RECREATIONAL PURPOSES. IF YOU LEAVE
THE DESIGNATED TRAIL, ROUTE, AREA, OR ROADWAY, YOU WILL BE DEEMED
TRESPASSING. THERE ARE INHERENT DANGERS AND RISKS ASSOCIATED WITH
USING THIS LAND THAT MAY CAUSE SERIOUS INJURY OR DEATH, INCLUDING
CHANGING WEATHER CONDITIONS; OPEN AND OBVIOUS VARIATIONS IN
STEEPNESS, SURFACE CONDITIONS, AND CONSISTENCY OF TERRAIN, SUCH AS
FOREST GROWTH, ROCKS, STUMPS, WATERWAYS, STREAMBEDS, CLIFFS,
EXTREME TERRAIN, AND TREES; WILDLIFE; AND MINING OR AGRICULTURAL
ACTIVITIES, STRUCTURES, REMNANTS, EQUIPMENT, OR OPERATIONS.

(II) Is at least:

(A) Eight inches in width and ten inches in length; or

(B) Eight inches in length and ten inches in width; and

(III) Is posted in a location and manner that makes the sign visible to an
individual at the primary access point;

(b) The owner maintains photographic or other evidence of each such sign;
and

(c) The dangerous condition, use, structure, or activity that caused the injury
or death is described by the sign.

(3) Any known dangerous condition, use, structure, or activity likely to cause
harm that is not described by the sign is not covered by subsection (2) of this
section and remains subject to subsection (1)(a) of this section.

(4) An individual who accesses land for recreational purposes shall stay on
the designated recreational trail, route, area, or roadway unless the owner
expressly allows otherwise. An individual who leaves a designated recreational
trail, route, area, or roadway is deemed to be trespassing.

Legislative History

Source: L. 69: R&RE, p. 412, � 1. C.R.S. 1963: � 62-4-4. L. 88: (1)(b) and (1)(d) amended, p. 1182, � 3, effective May 29. L. 97: (1)(c) amended, p. 54, � 5, effective March 21. L. 2006: (1)(c) amended, p. 21, � 2, effective March 8. L. 2024: (2), (3), and (4) added, (SB 24-058), ch. 27, p. 84, � 3, effective August 7.