How Common Law Defenses for Landowner Duty Apply in Colorado Premises Liability Cases
This premises liability case reached the Colorado Supreme Court. A claim was brought against William and Gladys Franklin, who were homeowners with a swimming pool where a severe injury occurred. James Vigil, who is mildly mentally retarded, was working at the home as a laborer as part of a program for the Arkansas Valley Handicapped Community Center. Vigil decided to dive into Franklin’s above-ground pool, which was only four-foot-deep. When he dove, Vigil’s head hit the bottom of the pool, causing significant
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