When you visit a business, stay at a hotel, shop at a store, dine at a restaurant, or simply walk through a parking lot in Steamboat Springs, you have the right to expect that the property is reasonably safe.
Property owners and managers throughout Routt County have a legal responsibility to maintain their premises and protect visitors from foreseeable hazards.
When they fail in this duty and someone gets hurt as a result, they can be held liable for resulting injuries through what’s known as a premises liability claim.
At Eddington Law, we’ve been holding negligent property owners accountable throughout Colorado for over 35 years.
Our Steamboat Springs office means we understand the unique premises liability challenges in mountain communities: winter ice and snow hazards, tourist-heavy businesses, ski resort properties, hotel and lodging accidents, and the specific duties Colorado law imposes on property owners in mountain environments.
If you’ve been injured on someone else’s property in Steamboat Springs or anywhere in Routt County, don’t let property owners or their insurance companies minimize your injuries or blame you for accidents caused by their negligence.
Contact Eddington Law today.
Understanding Premises Liability in Colorado
Premises liability is the area of law that holds property owners responsible when their negligence in maintaining their property causes injuries to visitors.
Property Owners’ Duty of Care
The level of care property owners owe visitors depends on the visitor’s legal status on the property.
- Invitees: Business customers, hotel guests, restaurant patrons, and others invited onto property for the owner’s benefit receive the highest level of protection. Property owners must inspect for hazards, maintain safe conditions, and warn of known dangers.
- Licensees: Social guests and others on property with permission but not for the owner’s commercial benefit receive a slightly lower duty. Owners must warn of known hazards but aren’t required to inspect for unknown dangers.
- Trespassers: Property owners generally owe minimal duty to trespassers, though exceptions exist for children and known frequent trespassers.
Most premises liability cases involve invitees—customers and guests who were lawfully on commercial or rental property.
What Property Owners Must Do
To fulfill their duty of care, property owners must regularly inspect their premises for hazards, repair or remove dangerous conditions promptly, warn visitors of hazards that cannot be immediately remedied, and maintain property in reasonably safe condition.
Failure to fulfill these duties constitutes negligence. When that negligence causes injuries, property owners are liable for damages.
Common Types of Premises Liability Cases in Steamboat Springs
Steamboat Springs’ mountain environment and tourism economy create unique premises liability scenarios.
Slip and Fall Accidents
Slip and fall accidents are the most common premises liability cases. They occur when:
- Floors are wet, waxed, or slippery
- Ice and snow aren’t properly cleared
- Carpets are torn or wrinkled
- Debris or obstacles block walkways
- Flooring is uneven or damaged
In Steamboat Springs, winter conditions create particular slip and fall hazards. Property owners who fail to clear snow and ice from walkways, parking lots, and entryways can be held liable when visitors fall and suffer injuries.
Ice and Snow Hazards
Colorado law addresses property owners’ duties regarding snow and ice. While property owners aren’t strictly liable for natural accumulations of ice and snow, they can be held liable if they increase the hazard through negligent snow removal, create dangerous conditions through inadequate drainage, or fail to address hazards for unreasonable periods.
Steamboat’s long winters mean property owners must be vigilant about clearing snow and ice. Hotels, retail stores, restaurants, and rental properties must maintain safe conditions for guests and customers.
Inadequate Security
Property owners can be held liable when inadequate security allows criminal acts that injure visitors. This includes:
- Assaults
- Robberies
- Sexual assaults
- Other violent crimes occurring in parking lots, hotels, apartment complexes, bars, and businesses
Liability depends on whether the crime was foreseeable based on prior incidents in the area, whether the property owner provided reasonable security measures, and whether adequate security would have prevented the crime. Tourist areas like Steamboat Springs see transient populations and after-hours activity that require property owners to provide adequate security and lighting.
Swimming Pool Accidents
Hotels, vacation rentals, and residential properties with pools have significant safety duties. Inadequate fencing, broken gates, slippery pool decks, inadequate supervision, and lack of proper safety equipment can lead to drownings, diving injuries, and other serious accidents. Colorado law imposes strict requirements on pool owners regarding fencing, barriers, and safety measures, particularly to protect children.
Stairway and Railing Defects
Broken stairs, inadequate handrails, uneven steps, poor lighting, and lack of non-slip surfaces cause serious falls. Mountain properties often feature multi-level decks, outdoor stairs, and elevated walkways where defects create serious hazards. Building codes specify requirements for stairs and railings. Violations that cause injuries create clear liability.
Parking Lot and Sidewalk Hazards
Potholes, uneven pavement, inadequate lighting, unmarked hazards, and snow and ice accumulation in parking lots and sidewalks cause pedestrian accidents. Property owners are responsible for maintaining safe conditions in these areas.
Elevator and Escalator Accidents
Hotels and commercial buildings must properly maintain elevators and escalators. Sudden stops, door malfunctions, faulty brakes, and inadequate maintenance cause serious injuries.
Dog Bites on Property
Property owners who know or should know that dangerous dogs are present on their property can be held liable when those dogs attack visitors. This applies to landlords who allow tenants to keep dangerous dogs and property owners who permit dangerous animals on their premises.
Toxic Exposure
Exposure to carbon monoxide, mold, asbestos, lead paint, or chemical hazards on rental properties or commercial premises can cause serious health issues. Property owners who fail to address these hazards or warn visitors can be held liable.
Recreational Property Accidents
While Colorado’s recreational use statute limits liability for some property owners, exceptions exist. Private property used for commercial recreation, known hazards not disclosed, and gross negligence can create liability even on recreational property.
Get Help With Your Premises Injury Claim
Special Considerations for Steamboat Springs Premises Liability
Mountain town properties present unique challenges and legal considerations.
Winter Weather Responsibilities
Steamboat’s climate creates heightened duties for property owners. While natural accumulation of snow and ice doesn’t automatically create liability, property owners must clear snow and ice within reasonable time periods, address drainage issues that create ice, and warn of particularly hazardous conditions.
The question often becomes: how long is “reasonable” for snow removal? The answer depends on circumstances: severity of the storm, business hours and visitor traffic, whether the property owner made conditions worse through negligent clearing, and local standards of care.
Tourist-Oriented Businesses
Hotels, vacation rentals, restaurants, and retail businesses serving tourists have heightened duties. Visitors unfamiliar with mountain conditions and property layouts require clear warnings and well-maintained facilities. Short-term rental properties (Airbnb, VRBO) create particular issues regarding maintenance standards and disclosure of hazards. Property owners can’t simply rent properties without ensuring reasonable safety.
Ski Resort Properties
While Colorado’s Ski Safety Act protects resorts from many slope-related injuries, it doesn’t eliminate all premises liability. Resort hotels, parking lots, restaurants, retail spaces, and common areas remain subject to normal premises liability rules.
Multi-Use Properties
Many Steamboat properties combine residential, commercial, and recreational uses. Determining duties and standards of care for these mixed-use properties requires careful analysis.
Seasonal Rental Properties
Peak ski season sees thousands of rental properties host visitors. Property owners who rent to vacationers have duties to maintain safe conditions, disclose known hazards, and ensure proper functioning of heating, utilities, and safety equipment.
Common Injuries in Premises Liability Cases
Premises liability accidents cause a wide range of injuries.
Fractures and Broken Bones
Slip and falls commonly cause wrist fractures, ankle fractures, hip fractures (particularly serious in elderly victims), spinal fractures, and facial fractures. These injuries require surgery, extensive rehabilitation, and may result in permanent disability.
Head and Brain Injuries
Falls that result in head strikes cause concussions, skull fractures, brain bleeding, and traumatic brain injuries. Brain injuries can cause cognitive impairments, personality changes, memory loss, and permanent disabilities.
Spinal Cord Injuries
Serious falls can damage the spinal cord, causing partial or complete paralysis. These catastrophic injuries require extensive medical care, home modifications, and may necessitate lifetime attendant care.
Soft Tissue Injuries
Sprains, strains, torn ligaments, and muscle damage can cause chronic pain and disability. Back injuries, knee injuries, and shoulder injuries are common in slip and fall accidents.
Lacerations and Scarring
Falls onto broken glass, sharp edges, or rough surfaces cause deep cuts requiring sutures and potentially plastic surgery. Facial scarring can have profound psychological impacts.
Injuries from Assaults
When inadequate security allows criminal attacks, victims suffer assault injuries: broken bones, stab wounds, gunshot wounds, traumatic brain injuries, and psychological trauma including PTSD.
Drowning and Near-Drowning
Swimming pool accidents cause death or severe brain damage from oxygen deprivation. Survivors may face permanent cognitive and physical disabilities.
Proving a Premises Liability Case
To recover compensation, you must prove several elements:
- The Property Owner’s Duty: First, we must establish that the property owner owed you a duty of care. For invitees (customers, guests), this is usually straightforward.
- Breach of Duty: We must prove the property owner breached their duty by failing to maintain safe conditions, failing to warn of known hazards, or failing to inspect for dangers they should have discovered.
- Causation: We must demonstrate that the property owner’s breach caused your injuries. The hazardous condition must be the direct cause of your accident.
- Actual Notice or Constructive Notice: Property owners are liable if they had actual knowledge of the hazard (someone reported it, staff witnessed it) or constructive notice (the hazard existed long enough that reasonable inspection would have discovered it).
- Damages: Finally, we must prove you suffered actual damages: medical expenses, lost wages, pain and suffering, and other losses.
Compensation Available in Premises Liability Cases
Victims can recover various types of damages:
Economic Damages
- Medical Expenses: All treatment costs including emergency care, hospitalization, surgery, rehabilitation, medications, medical equipment, and future medical care.
- Lost Wages: Income lost during recovery and future lost earning capacity if injuries prevent returning to previous employment.
- Property Damage: Replacement value of damaged personal property.
Non-Economic Damages
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Loss of Enjoyment of Life: When injuries prevent participation in previously enjoyed activities.
- Disfigurement and Scarring: Permanent scars affect appearance and self-image.
- Emotional Distress: PTSD, anxiety, and depression resulting from the accident.
Punitive Damages
In cases involving willful and wanton conduct or reckless disregard for visitor safety, Colorado law allows punitive damages to punish wrongdoers and deter similar conduct.
Common Defenses Property Owners Use
Understanding defenses helps prepare strong cases.
- “Open and Obvious” Doctrine: Property owners often argue hazards were “open and obvious” and therefore no warning was required. Colorado law recognizes this defense but doesn’t automatically bar recovery. We argue that even obvious hazards require correction when visitors have no reasonable alternative route.
- Comparative Negligence: Property owners argue you were partially at fault for your injuries by not watching where you were going, wearing inappropriate footwear, or being distracted. Even if successful, this only reduces compensation if your fault was less than 50%.
- No Notice: Property owners claim they didn’t know about the hazard and it hadn’t existed long enough for them to discover it. We counter with evidence of prior complaints, inspection failures, or chronic conditions showing constructive notice.
- Recreational Use Immunity: Some property owners claim Colorado’s recreational use statute shields them from liability. This statute has many exceptions, and we thoroughly analyze whether it applies.
How Eddington Law Handles Premises Liability Cases
Our approach is thorough, strategic, and focused on maximum compensation:
- Immediate Scene Documentation: We visit accident scenes quickly to photograph conditions, identify hazards, document lighting and warnings, and preserve evidence before property owners make repairs.
- Thorough Investigation: We obtain incident reports, maintenance records, prior complaints, inspection records, surveillance footage, and witness statements. We identify all evidence of the property owner’s knowledge and negligence.
- Expert Witnesses: We work with safety experts who establish violations of building codes and safety standards, accident reconstructionists who explain how accidents occurred, and medical experts who document injuries and future care needs.
- Establishing Notice: We prove property owners knew or should have known about hazards through maintenance logs, prior incident reports, witness testimony, and establishing duration of hazardous conditions.
- Aggressive Negotiation: We build cases so thoroughly that property owners and insurers recognize the strength of your claim, motivating fair settlement offers.
- Trial Preparation: If settlement negotiations fail, we’re prepared to take your case to trial. Our courtroom experience motivates property owners to settle reasonably rather than risk jury verdicts.
Get Your Free Premises Liability Consultation
Why Choose Eddington Law
When facing serious injuries from property owner negligence, attorney choice matters.
- 35+ Years of Colorado Experience: We’ve been fighting for injured Coloradans since 1988. We know Colorado premises liability law thoroughly and understand how to prove property owner negligence.
- Local Steamboat Springs Office: We’re part of this community. We know the properties, businesses, and conditions where accidents occur. We understand mountain property challenges.
- Track Record Against Property Owners: We’ve recovered substantial compensation for premises liability victims throughout Colorado, taking on major property owners, hotel chains, and commercial landlords.
- Resources for Complex Cases: Premises liability cases require expert witnesses, thorough investigation, and document analysis. We have the resources to build winning cases.
- No Fees Unless We Win: We handle premises liability cases on contingency. You pay no attorney fees unless we recover compensation. You can afford experienced representation without upfront costs.
- Personalized Attention: We limit caseloads to provide personalized attention. You’ll work directly with experienced attorneys who care about your recovery.
Frequently Asked Questions
How long do I have to file a premises liability claim?
Colorado’s statute of limitations for premises liability cases is generally two years from the accident date. Some circumstances may extend or shorten this deadline. Don’t wait—contact us promptly to protect your rights.
What if I slipped on snow or ice?
Colorado law doesn’t automatically hold property owners liable for natural snow and ice accumulation, but exceptions exist. If property owners failed to clear hazards for unreasonable periods, made conditions worse through negligent clearing, or created hazardous drainage, they can be liable.
Can I sue my landlord for injuries on rental property?
Yes. Landlords have duties to maintain safe conditions in common areas and to repair known hazards in rental units. If landlord negligence caused your injuries, you can recover compensation.
What if the property owner says the hazard was obvious?
The “open and obvious” defense doesn’t automatically bar recovery in Colorado. We can argue that even obvious hazards require correction when no reasonable alternative exists, or that the danger wasn’t as obvious as claimed.
What if I was partially at fault for my accident?
Colorado’s comparative negligence law allows recovery as long as your fault is less than 50%. Your compensation is reduced by your percentage of fault.
Do I need to report the accident to the property owner?
Yes, report accidents promptly to property owners or managers and request written incident reports. This creates documentation of the hazard and your injuries.
How much is my premises liability case worth?
Case value depends on injury severity, medical expenses, lost income, permanent disability, and circumstances of property owner negligence. We provide honest evaluations after reviewing your specific situation.
Learn Your Rights After a Property Injury
Contact Our Steamboat Springs Premises Liability Attorneys Today
If you’ve been injured on someone else’s property in Steamboat Springs or anywhere in Routt County, don’t let property owners minimize your injuries or blame you for their negligence.
You deserve compensation for injuries caused by unsafe conditions.
At Eddington Law, we’ve spent over 35 years holding negligent property owners accountable throughout Colorado. We understand mountain property challenges and know how to prove property owner liability.
Call us today for your free consultation. No fees unless we win your case.
Don’t let property owners escape responsibility for unsafe conditions. Don’t accept inadequate settlements from insurance companies. Contact Eddington Law immediately and let us fight for the compensation you deserve.
Your recovery is our priority. Your rights are our mission. We’re ready to fight for you.