Turene Lombard and Pueblo School District # 60, Petitioners v. Colorado Outdoor Education Center, Inc, a Colorado…

Summary

The court held that an invitee may establish a landowner's statutory knowledge of a dangerous condition through either actual or constructive knowledge. It further held that evidence of a building-code violation may support a finding that the landowner failed to exercise reasonable care, although the premises liability statute provides the exclusive theory of recovery and does not permit a separate negligence-per-se claim. Because Lombard presented sufficient evidence on both issues to create material factual disputes, the court reversed and remanded.