Liability concerns are keeping some popular mountains and trails off-limits. This week, lawmakers sent a bill to Governor Jared Polis that they think will solve the problem and lift barriers to visitors.
The Colorado Sun has been reporting on this story. From the Sun, Team Editor Lance Benzel joined us to discuss the details.
Governor Jared Polis is expected to sign Senate Bill 58, a bipartisan bill written to reform the Colorado Recreational Use Statute. That law dates back to the 1970s. It protects landowners from lawsuits filed by people who are injured while recreating on their land. Benzel said outdoor recreationists should prepare to see some new warning signs at trailheads, especially at trails that cross private property.
“The new legislation that lawmakers passed and sent to Polis last week is meant to strengthen the laws’ protections, with the goal of easing landowner concerns over liability and clearing the way to lifting closures of some pretty popular trails and mountain summits across the state,” Benzel said. “It's going to require landowners to warn visitors of hazards on their property; basically to put up a sign - at least eight by 10 inches. And if they post that sign warning of dangerous conditions on their land, then landowners would essentially be immune to lawsuits if someone gets injured.”
Senate Bill 58 is the third attempt to amend the state’s recreational use statutes since 2019. That year, a Federal Court upheld a $7.3 million civil judgment for a cyclist who was severely injured in a mountain bike crash on the Air Force Academy campus in 2008.
“The decision to uphold that multimillion dollar judgment prompted a lot of Colorado landowners to close access to recreational visitors or else to require visitors to sign waivers before they come onto their property,” Benzel said. “That judgment is the reason why a landowner closed access to mount Lincoln and Mount Democrat, two very popular fourteeners. It's also why the city of Ouray was at risk of losing access to the Ouray Ice Park, which hosts their world famous Ice Climbing Festival. In that case, a landowner had threatened to revoke access to his property because of liability concerns. But he ended up donating a piece of his land so that people could access the park without touching his property.”
Benzel told KUNC every proposal to update the statute has encountered resistance, often by critics who worry about the impact of proposed changes on the rights of people who want to pursue civil remedies.
“In January of last year, the Colorado Trial Lawyers Association opposed a previous attempt to pass a fix, saying it went too far in removing people's right to sue.,” Benzel said. “This time, though, the group did not take a formal position opposing the bill. And then on the other side of the coin, this year's bill had a lot of support."
A coalition came together in support of the bill, including 46 outdoor industry groups and businesses. The group called on lawmakers to do something to ease liability concerns.
