What Counts as a Premises Liability Claim in Colorado?

Accidents happen everywhere, all the time—on sidewalks along Colfax Avenue, inside grocery stores in Cherry Creek, or even in Denver International Airport. But when an injury occurs because a property owner failed to keep their space reasonably safe, Colorado law gives you the right to hold them accountable. These cases fall under what’s known as premises liability, and they can impact your health, finances, and quality of life for years to come. Working with an experienced premises liability lawyer in Denver, CO can help you navigate these claims with confidence.

If you or someone you love was seriously hurt on someone else’s property, it’s natural to feel unsure about your next steps. You may wonder whether the property owner could have prevented your injury, or if you’re entitled to compensation for what you’ve suffered. Knowing the basics of premises liability law in Colorado can help you know what to expect if you are considering filing a claim.

Schedule A Free Consultation

Key Takeaways

• Colorado premises liability laws protect people injured due to unsafe property conditions.
• Common premises liability cases include slip and falls, inadequate security, and dog attacks.
• Most premises liability claims must be filed within two years, with limited exceptions.
• Your lawyer must show that the property owner failed to take reasonable precautions or warn of known hazards. 
• An experienced Colorado premises liability lawyer can investigate your claim, handle negotiations, and fight for full compensation.

How Colorado Law Defines Unsafe Property Conditions

Not every accident on someone else’s property results in legal action. Premises liability laws in Colorado focus specifically on injuries caused by unsafe property conditions due to negligence. Several factors must be present to bring a valid claim.

Colorado law requires property owners to maintain a reasonably safe environment. When they fail to do so and someone is hurt as a result, they may be held liable. This applies to private homeowners, business owners, landlords, and even public agencies in certain cases.

Colorado’s Premises Liability Act (C.R.S. §13-21-115) outlines who may be held liable and the rights of people injured on property they didn’t own.

Who qualifies to file a premises liability claim?

Your legal standing depends on your classification at the time of the injury:

• Invitees are people invited onto the property for business purposes (such as shoppers at a store). Property owners owe the highest duty of care to invitees.
• Licensees are on the property for social reasons with the owner’s consent. The owner must warn them of known dangers.
• Trespassers typically have little legal protection unless they’re minors, in which case different rules apply.

A Dangerous condition must exist

To succeed in a claim, your case must demonstrate that the property had an unreasonably dangerous condition. This may include things like:

• Broken stair railings
• Spilled liquids not promptly cleaned up
• Icy walkways that weren’t shoveled or salted
• Loose floorboards or electrical hazards

The danger must be something the owner knew about or should have known about and failed to fix or warn others about in time.

What your premises liability lawyer must show

Colorado’s law requires that your case demonstrate specific elements. Your attorney will typically need to show that:

• The property owner breached their duty of care based on your status
• There was a hazardous condition on the premises
• That condition directly caused your injury
• You suffered damages as a result, such as medical bills, lost wages, or pain

These cases rely heavily on documentation, witness accounts, and sometimes expert input to connect the dots between the property’s condition and your injury.

Common Types of Premises Liability Claims in Colorado

Premises liability covers a wide range of preventable accidents. Injuries can happen anywhere that negligence to take proper precautions creates hazards. In Colorado, some scenarios occur more frequently than others.

Slip and fall accidents

Winters on the Front Range, for example, bring unique dangers when property owners fail to clear snow and ice in a timely manner. Icy walkways, unshoveled stairs, and untreated parking lots frequently lead to serious injuries, especially in neighborhoods like Park Hill, Sloan’s Lake, or around University Hill. Slip-and-fall incidents on black ice near building entrances or sidewalks are among the most common cold-season premises liability claims in Colorado.

Other common causes of slip and fall accidents include:

• Wet or slick surfaces
• Uneven flooring or broken stairs
• Poor lighting in walkways
• Missing handrails or safety features

Falls can result in broken bones, traumatic brain injuries, or even permanent disability, especially for older adults.

Inadequate security claims

Bars, parking lots, and apartment complexes in places like LoDo or the Auraria Campus area may pose security risks. If poor lighting or a lack of security personnel leads to an assault or robbery, the property owner could be held liable.

These cases often require showing that the property owner failed to take reasonable steps to prevent foreseeable criminal activity.

Dog bites and animal attacks

While dog bite laws are separate from general premises liability, these incidents often occur on private property. If a dog injured you while you were lawfully on someone’s premises, you may have a claim under both dog bite and premises liability laws.

When a Property Owner Is Liable—and When They Aren’t

A common misconception is that a property owner is always liable for injuries on their land. That’s not the case. Colorado law weighs many factors when deciding liability.

The condition must have been dangerous

It’s not enough that you were injured. The property must have had an unreasonably dangerous condition, such as a hidden hole, loose tile, or icy entrance that the owner didn’t treat or warn you about.

If the hazard was something open and obvious, such as a clearly marked construction site, your claim might face challenges.

The owner must have known or should have known

Property owners are not expected to be perfect, but they must take reasonable care. If a store manager in the Denver Tech Center knew of a leak for days and failed to fix it, they could be held responsible when someone slips. If the hazard appeared moments before your injury and no one could have known, liability may not apply.

You must show real harm

You must have suffered damages due to the unsafe condition—physical, emotional, or financial. Medical records, witness testimony, and documentation of your recovery can support your claim.

How Premises Liability Laws Differ in Colorado

Every state has its own approach to premises liability. Colorado law has several unique elements that could affect your case. Being aware of these differences can help you understand your rights and whether to seek legal help.

Colorado’s comparative fault rule

Colorado follows a “modified comparative negligence” rule. If you’re found partly responsible for the incident—for example, if you were texting while walking—you can still recover compensation as long as you’re not more than 50 percent at fault. However, your award will be reduced by your percentage of fault.

The statute of limitations

In Colorado, most premises liability claims must be filed within two years from the date of the injury. Waiting too long can result in your claim being dismissed, regardless of its merit. Exceptions exist that could affect the timeline of your case. Consulting with an experienced Colorado personal injury lawyer is the best way to protect your rights. 

Government property adds additional challenges

Special rules apply if your injury happened on public property, such as inside a city-run building or Denver Parks & Recreation space, special rules apply. Claims must be filed against the government within 180 days, and there may be damage caps.

Proving a Premises Liability Claim in Colorado

Premises liability cases often come down to evidence. Strong documentation and early legal help can make a major difference in whether your claim is successful.

Evidence from the scene

Photos of the hazard, witness contact information, surveillance footage, and official incident reports can be crucial. These are often easier to collect right after the injury, which is why taking legal action quickly after an accident can strengthen your case.

Medical records and expenses

Detailed records of your diagnosis, treatment plan, and recovery timeline will help establish the extent of your injuries. If your mobility or ability to work was affected, this also needs to be documented.

Communication with insurance companies

Most premises liability claims involve the property owner’s insurance provider. These companies often try to minimize payouts or shift blame. Clear documentation and representation from a personal injury lawyer can help level the playing field.

What to Do After an Injury on Someone Else’s Property

If you’ve already sought medical care, you’ve taken the most important first step. Now, there are some steps you may take to protect your legal rights and strengthen your claim.

Even if the injury seems manageable now, a delayed reaction or hidden trauma, such as a concussion or spinal injury, may surface later. Acting quickly can preserve evidence and ensure your case reflects the full impact of the incident.

• Hire a premises liability lawyer. This is the most important step in protecting your claim. A knowledgeable attorney can handle communication with insurers, gather evidence, and build a strong case.
• Follow through on all medical appointments. Consistent care helps document the severity and duration of your injuries. Missed appointments can harm your case and delay recovery.
• Document your recovery process. Consider keeping a written or video journal that tracks your pain, emotional well-being, and daily limitations. This information can support claims for pain and suffering or reduced quality of life.
• Preserve all related evidence. Keep any photos you took at the scene, clothing you wore that day, incident reports, and bills related to treatment or lost work.
• Avoid giving statements to insurers. Insurance companies may pressure you to make recorded statements or accept lowball offers. Politely refer all communication to your lawyer.

How Colorado Courts Handle Premises Liability Claims

Premises liability lawsuits don’t always go to trial, but they are often more contested than other personal injury claims. Insurance carriers tend to push back, arguing that the hazard wasn’t obvious or that the injured person was partly at fault. If your case proceeds to litigation in Denver or elsewhere in Colorado, here’s how the process generally unfolds:

Initial investigation and evidence gathering

Your legal team will examine the property, talk to witnesses, and evaluate whether the owner had prior knowledge of the danger. In some cases, expert testimony may be needed to explain building code violations or structural issues.

Filing a formal complaint

Your lawyer files a legal complaint outlining the facts, the property owner’s failure to maintain safe conditions, and the damages you’ve suffered. The defendant then has an opportunity to respond.

Negotiations and pre-trial motions

In many situations, your lawyer will negotiate a settlement with the property owner’s insurer. If the parties cannot reach an agreement, the case moves closer to trial. Some courts may require mediation as a next step.

Trial

At trial, your attorney will present evidence, call witnesses, and argue your case before a judge or jury. Settlement talks may continue while trials are ongoing. 

Who Can Be Held Liable for a Premises Liability Injury?

Identifying the right defendant is critical. Sometimes, the responsible party is clear. In other situations, liability may be shared across multiple parties. Your attorney will review all aspects of the case to determine who can be held accountable.

Commercial property owners

Business owners are frequently sued in premises liability cases. These include retailers, restaurants, gyms, hotels, and office buildings. Property managers or maintenance companies may also be liable if they failed to repair hazards they were hired to manage.

Residential landlords

Landlords have a duty to maintain common areas, such as stairwells, sidewalks, and entryways. If someone slips on an untreated icy walkway outside a Park Hill apartment building, for example, the landlord could be liable, especially if they ignored tenant complaints.

Government entities

Municipalities like the City and County of Denver can be held accountable when injuries happen on government property. However, these claims follow different timelines and procedures. A claim against a city agency must be filed within 180 days.

Frequently Asked Questions About Colorado Premises Liability

Can I sue a friend or relative if I was hurt at their home?

Yes, but your claim is typically against their homeowner’s insurance, not them personally. These sensitive cases require extra care. Your lawyer can guide you through this delicate process and help preserve your relationship.

Do I need a lawyer for a premises liability claim?

While not required by law, hiring a lawyer significantly improves your chances of success. Property owners and insurers often push back hard in these complex cases, and legal support can help you secure the compensation you’re entitled to.

What happens if I don’t have evidence from the scene?

Your legal team can still build a strong case using other methods, such as witness interviews, medical records, maintenance logs, and property surveillance footage.

Contact Fuicelli & Lee Injury Lawyers Today

If you’ve been seriously injured on someone else’s property in Colorado, you deserve clear answers and strong legal support. Fuicelli & Lee Injury Lawyers is a respected personal injury lawyer in Denver, CO focused on securing full, fair, and complete compensation for injury victims. Our firm handles high-stakes cases involving catastrophic injuries, and our attorneys are proven trial lawyers who know what it takes to win in court.

Virtual consultations and 24/7 availability mean you can get help when you need it most, and you pay nothing for our services unless we win your case. Our fees come out of the settlement or court award we obtain for you, not out of your pocket. 

Call (303)444-4444 or use the online contact form to schedule your free consultation today.

Schedule A Free Consultation