James P. Vigil, as Conservator for James R. Vigil v. William Franklin, Gladys Franklin, and Will Franklin

Summary

The Supreme Court of Colorado held that the premises liability statute, § 13-21-115, C.R.S. (2004), comprehensively and exclusively specifies the duties landowners owe to persons injured on their property, thereby abrogating common law landowner duty principles, and that nothing in the statute's plain language incorporates the common law open and obvious danger doctrine, which therefore did not survive the statute's enactment. Because the trial court erroneously considered the Franklins' common law open and obvious danger defense, the grant of summary judgment was improper, and the court of appeals' affirmance was reversed, with the Franklins' duty to be determined exclusively under the statute. Justice Kourlis, joined by Justices Hobbs and Coats, dissented, arguing that the statute's landowner-protective purpose did not clearly abrogate the open and obvious defense and that summary judgment was appropriate.