Denver, Colorado – A federal appeals court has dismissed a lawsuit from a woman who sought compensation from the city after a trip-and-fall incident at Denver International Airport. Ana Guardado, a resident of Los Angeles, argued that the city should be held responsible for her injuries sustained while passing through the airport’s security screening area.
The U.S. Court of Appeals for the 10th Circuit ruled last month that Guardado failed to demonstrate a connection between the airport’s construction or maintenance and the alleged hazardous condition that caused her fall. As a result, the court affirmed that, under Colorado law, Denver was entitled to governmental immunity.
The incident occurred in August 2021 when Guardado tripped over a floor mat in the Transportation Security Administration (TSA) screening area, leading to her momentarily losing consciousness and suffering what she described as a traumatic brain injury. In her lawsuit, she referred to the mat as a “hidden” and “concealed” hazard, likening it to a “traveler’s landmine” and seeking damages for the next 27.1 years of her life.
Denver moved to dismiss the case under the Colorado Governmental Immunity Act, which generally protects public entities from lawsuits unless there is a demonstrated negligence related to a dangerous condition in a public space. To qualify for an exception, a plaintiff must prove that such a hazardous condition arose from negligent construction or maintenance.
Denver officials stated that the TSA is solely responsible for the operation and maintenance of the screening areas, which includes oversight of the floor mats. Sarah Marquez, the senior vice president of airport operations, emphasized that Denver does not supply floor mats to the TSA and thus cannot be held liable for such incidents.
In a counterargument, Guardado’s attorney pointed out that the airport has previously acknowledged working closely with the TSA to improve security and passenger flow. Nevertheless, U.S. District Court Senior Judge John L. Kane ruled in September that Denver was protected by governmental immunity, finding Marquez’s statement pertinent to dismissing the lawsuit.
Judge Kane highlighted that it was insufficient for Guardado to challenge the credibility of Marquez’s statement. He noted that Guardado needed to provide evidence showing Denver’s responsibility for the floor mats in the TSA area. He remarked on the lack of regulatory or statutory support for her claims.
Following her unsuccessful initial ruling, Guardado appealed the decision, contending that Denver had an inherent obligation to maintain the airport floors, regardless of the materials used by the TSA. Her attorney argued that the airport owed a nondelegable duty to its numerous travelers to ensure the safety of the floors.
However, the 10th Circuit panel concluded that simply being the landlord of the airport does not impose liability on Denver. Judge Timothy M. Tymkovich stated that Guardado needed to provide sufficient evidence linking the floor mats to the airport’s maintenance responsibilities, which she was unable to do.
This case is identified as Guardado v. City and County of Denver.
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