Colorado § 33-41-103 - Limitation on landowner's liability.

§ 33-41-103. Limitation on landowner's liability.

(1) Subject to the provision of section 33-41-105, an owner of land who either directly or indirectly invites or permits, without charge, any person to use such property for recreational purposes does not thereby:

(a) Extend any assurance that the premises are safe for any purpose;

(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed;

(c) Assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person.

(2) (a) To the extent liability is found, notwithstanding subsection (1) of this section, the total amount of damages that may be recovered from a private landowner who leases land or a portion thereof to a public entity for recreational purposes or who grants an easement or other rights to use land or a portion thereof to a public entity for recreational purposes for injuries resulting from the use of the land by invited guests for recreational purposes shall be:

(I) For any injury to one person in any single occurrence, the amount specified in section 24-10-114 (1)(a)(I), C.R.S.;

(II) For an injury to two or more persons in any single occurrence, the amount specified in section 24-10-114 (1)(a)(II), C.R.S.

(b) The limitations in this subsection (2) shall apply only when access to the property is limited, to the extent practicable, to invited guests, when the person injured is an invited guest of the public entity, when such use of the land by the injured person is for recreational purposes, and only during the term of such lease, easement, or other grant.

(c) Nothing in this subsection (2) shall limit, enlarge, or otherwise affect the liability of a public entity.

(d) In order to ensure the independence of public entities in the management of their recreational programs and to protect private landowners of land used for public recreational purposes from liability therefor, except as otherwise agreed by the public entity and a private landowner, a private landowner shall not be liable for a public entity's management of the land or portion thereof which is used for recreational purposes.

(e) As used in this subsection (2), unless the context otherwise requires:

(I) "Invited guests" means all persons or guests of persons present on the land for recreational purposes, at the invitation or consent of the public entity, and with or without permit or license to enter the land, and all persons present on the land at the invitation or consent of the public entity or the landowner for business or other purposes relating to or arising from the use of the land for recreational purposes if the public entity receives all of the revenues, if any, which are collected for entry onto the land. "Invited guests" does not include any such persons or guests of any person present on the land for recreational purposes at the invitation or consent of the public entity or the landowner if the landowner retains all or a portion of the revenue collected for entry onto the land or if the landowner shares the revenue collected for entry onto the land with the public entity. For the purposes of this subparagraph (I), "revenue collected for entry" does not include lease payments, lease-purchase payments, or rental payments.

(II) "Land" means real property, or a body of water and the real property appurtenant thereto, or real property that was subject to mining operations under state or federal law and that has been abandoned or left in an inadequate reclamation status prior to August 3, 1977, for coal mining operations, or July 1, 1976, for hard rock mining operations, which is leased to a public entity or for which an easement or other right is granted to a public entity for recreational purposes or for which the landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes. "Land", as used in this subsection (2), does not include real property, buildings, or portions thereof which are not the subject of a lease, easement, or other right of use granted to a public entity; except that land on which a landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes need not be subject to a lease, easement, or other right of use granted to a public entity. Nothing in this subparagraph (II) shall be construed to create a prescriptive easement on lands on which a landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes. The incidental use of such private property for recreational purposes shall not establish or presume facts to support land use classification or zoning.

(II.5) "Lease" or "leased" includes a lease-purchase agreement containing an option to purchase the property. Any lease in which a private landowner leases land or a portion thereof to a public entity for recreational purposes shall contain a disclosure advising the private landowner of the right to bargain for indemnification from liability for injury resulting from use of the land by invited guests for recreational purposes.

(II.7) "Management" means the entire range of activities, whether undertaken or not by the public entity, associated with controlling, directing, allowing, and administering the use, operation, protection, development, repair, and maintenance of private land for public recreational purposes.

(III) Repealed.

(f) Nothing in this subsection (2) shall limit the protections provided, as applicable, to a landowner under section 13-21-115, C.R.S.

Source: L. 69: R&RE, p. 412, § 1. C.R.S. 1963: § 62-4-3. L. 88: (2) added, p. 1181, § 2, effective May 29. L. 89: (2)(e)(I) and (2)(e)(II) amended and (2)(e)(II.5) added, p. 1370, § 1, effective April 27. L. 97: IP(2)(a) amended and (2)(e)(II.7) added, p. 54, §§ 3, 4, effective March 21. L. 2006: (2)(e)(II) amended, p. 20, § 1, effective March 8. L. 2015: (2)(a) amended, (SB 15-264), ch. 259, p. 965, § 84, effective August 5. L. 2024: IP(2)(e) amended and (2)(e)(III) repealed, (SB 24-058), ch. 27, p. 84, § 2, effective August 7.

ANNOTATION

Determining whether a defendant is protected from liability under this section involves two steps: (1) determining whether the defendant is an "owner" of land under § 33-41-102 (3); and, if the defendant is an owner of land, (2) determining whether the defendant "invite[d] or permit[ted], without charge," anyone to use the land at issue for recreational purposes under subsection (1) of this section. Kritzer v. Qwest Corp., 2025 COA 54, 573 P.3d 593.

An owner of land "permits" recreational use of their land, as required in subsection (1), only if the owner is found to have some ability or authority to prohibit or limit in some way the use of the land for recreational purposes. Kritzer v. Qwest Corp., 2025 COA 54, 573 P.3d 593.

Landowners are entitled to protection by knowingly permitting recreational use of their property. A subjective intent requirement is not required. Instead, it is enough that a landowner's purposeful actions implicitly allowed or acquiesced in the use of the land. Nelson v. United States, 827 F.3d 927 (10th Cir. 2016).

Federal government protected on national forest service land. The federal government is entitled to the protection of this article as concerns accidents occurring on national forest service land. Otteson v. United States, 622 F.2d 516 (10th Cir. 1980).

Cyclist was a permissive user where landowner knew a bike path was being used by the public and took no steps to block such usage. For purposes of this section, the landowner therefore indirectly permitted the cyclist's use of the bike path for recreational purposes through its conduct. Nelson v. United States, 827 F.3d 927 (10th Cir. 2016).

A company that installed fiber optic internet service under a sidewalk panel was not shielded from liability because it lacked the legal right or authority to directly or indirectly permit, or charge a fee to, the public to use the sidewalk panel for recreational purposes. Kritzer v. Qwest Corp., 2025 COA 54, 573 P.3d 593.