Colorado Premises Liability Lawyer
When you visit a business, stay at a hotel, shop at a store, or simply walk through a parking lot in Colorado, you have the right to expect that the property is reasonably safe. Property owners and managers 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 the resulting injuries through what’s known as a premises liability claim.
If you’ve been injured on someone else’s property in Colorado due to dangerous conditions, inadequate maintenance, or negligent security, you’re likely dealing with medical bills, lost wages, pain and suffering, and uncertainty about your legal rights. At Eddington Law, our Colorado premises liability attorneys have been helping injured victims hold negligent property owners accountable for over 35 years.
Understanding Premises Liability Law in Colorado
Premises liability is a legal concept that holds property owners and occupiers responsible when someone is injured on their property due to unsafe conditions. Colorado premises liability law requires property owners to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards that aren’t obvious.
The foundation of most premises liability cases in Colorado rests on negligence. To succeed in a premises liability claim, you must generally prove four key elements:
Duty of Care: The property owner owed you a duty to maintain safe conditions. In Colorado, the level of duty owed depends on your status as a visitor—whether you’re an invitee (like a customer), a licensee (like a social guest), or a trespasser.
Breach of Duty: The property owner failed to meet that duty by allowing a dangerous condition to exist, failing to fix a known hazard, or not providing adequate warning about dangers on the property.
Causation: The property owner’s breach of duty directly caused your injury. You must show that the dangerous condition was the actual cause of your accident and resulting injuries.
Damages: You suffered actual harm as a result, including physical injuries, medical expenses, lost wages, pain and suffering, or other compensable losses.
Colorado follows a modified comparative negligence rule, which means you can still recover compensation even if you were partially at fault for your accident—as long as your fault doesn’t exceed 50%. However, your compensation will be reduced by your percentage of fault. This makes it critical to have experienced legal representation to protect your rights and minimize any allegations of comparative fault.
Common Types of Premises Liability Cases in Colorado
Premises liability encompasses a wide range of accidents and injuries that occur on someone else’s property. At Eddington Law, we’ve successfully handled virtually every type of premises liability case throughout Colorado. Here are some of the most common:
Slip and Fall Accidents
Slip and fall accidents are among the most frequent premises liability claims. These accidents can occur anywhere—grocery stores, restaurants, hotels, office buildings, apartment complexes, and public spaces. Common causes include wet floors without warning signs, icy sidewalks and parking lots, torn carpeting, uneven flooring, poor lighting, and cluttered walkways.
Colorado property owners must regularly inspect their premises, promptly address hazardous conditions, and provide adequate warnings when dangers can’t be immediately remedied. When they fail to do so and someone slips, trips, or falls as a result, they can be held liable for the resulting injuries.
Trip and Fall Accidents
Trip and fall accidents differ from slip and falls in that they typically involve elevated surfaces or obstacles that cause someone to trip rather than lose traction. Common trip hazards include cracked or uneven sidewalks, potholes in parking lots, torn or bunched carpeting, electrical cords across walkways, raised thresholds, broken stairs or handrails, and poor lighting that conceals hazards.
These accidents can result in serious injuries, particularly for older adults. Property owners must maintain walkways in good repair and ensure adequate lighting to help visitors identify potential hazards.
Inadequate Security Cases
Property owners have a duty to provide reasonable security measures to protect visitors from foreseeable criminal acts. When inadequate security allows violent crime to occur on their property, owners can be held liable. Inadequate security cases often arise from assaults, robberies, sexual assaults, shootings, and other violent crimes that occur on commercial properties, apartment complexes, parking garages, hotels, bars and nightclubs, and retail establishments.
Factors that may constitute inadequate security include broken locks, poor lighting in parking areas or common spaces, lack of security cameras or non-functioning surveillance systems, failure to employ security guards in high-crime areas, and lack of controlled access to buildings or gated communities.
These cases require thorough investigation into the property’s crime history, the foreseeability of criminal activity, and the adequacy of security measures in place at the time of the incident.
Swimming Pool Accidents
Swimming pools present unique dangers, particularly to children. Colorado property owners with pools must maintain them safely and, in many cases, install proper fencing and barriers to prevent unauthorized access. Pool-related premises liability claims may involve drowning or near-drowning incidents, slip and falls on wet pool decks, diving board accidents, chemical exposure from improper pool maintenance, and inadequate supervision at public pools.
Colorado has specific regulations governing pool safety, including fencing requirements for residential pools. When property owners fail to comply with these requirements or adequately maintain pool areas, they may be liable for resulting injuries.
Dog Bites and Animal Attacks
While Colorado has specific statutes addressing dog bites, premises liability law may also apply when a dog attack occurs on someone’s property. Property owners may be liable for dog bites and animal attacks when they knew or should have known about a dog’s dangerous propensities, failed to properly restrain or confine a dangerous animal, or violated local leash laws or animal control ordinances.
Colorado follows a “strict liability” standard for dog bite injuries, meaning owners can be held liable even without proof of negligence if the victim was lawfully on the property and didn’t provoke the animal. However, premises liability principles may also apply, particularly when addressing inadequate fencing or property conditions that contributed to the attack.
Recreational Property Accidents
Colorado is known for its abundant recreational opportunities, and accidents can occur on recreational properties including ski resorts (outside the scope of the Colorado Ski Safety Act protections), campgrounds and RV parks, amusement parks and adventure courses, public parks and trails, and sports facilities and gyms.
While the Colorado Recreational Use Statute provides some immunity to landowners who allow free public recreational use of their property, it doesn’t apply to commercial recreational facilities or when fees are charged. Property owners who profit from recreational activities generally owe a duty of care to participants.
Apartment and Rental Property Accidents
Landlords and property management companies have specific duties to maintain rental properties in safe condition. Premises liability cases involving rental properties often stem from broken stairs or railings, inadequate lighting in common areas, failure to repair known hazards, pest infestations, mold exposure, inadequate security leading to criminal attacks, and building code violations.
Colorado’s implied warranty of habitability requires landlords to maintain rental units in livable condition. When they breach this duty and tenants or their guests are injured as a result, they can be held liable.
Retail Store Accidents
Retail establishments must maintain safe conditions for shoppers. Common retail premises liability claims involve merchandise falling from shelves, spills in aisles without timely cleanup or warning signs, obstacles blocking walkways, inadequate security leading to assaults or robberies, and defective shopping carts or equipment.
Because retail stores invite the public onto their premises for business purposes, they owe the highest duty of care to customers. They must regularly inspect their stores, promptly address hazards, and provide adequate warnings of any dangers.
Restaurant and Bar Accidents
Restaurants, bars, and nightclubs can be particularly hazardous environments with wet floors from spills, crowded conditions, inadequate lighting, and sometimes aggressive behavior fueled by alcohol. Premises liability claims in these venues may involve slip and falls on wet floors, food-borne illnesses, inadequate security leading to fights or assaults, overcrowding and trampling incidents, and falling objects or equipment.
Colorado’s dram shop laws also hold bars and restaurants liable when they serve alcohol to visibly intoxicated patrons who then cause harm to others. This can provide an additional avenue for recovery in certain premises liability cases involving intoxicated individuals.
Construction Site Accidents
Construction sites present numerous hazards to workers and visitors alike. While most construction worker injuries are covered by workers’ compensation, premises liability claims may apply for injuries to non-employees or third-party liability claims. These cases can involve inadequate fencing or barriers around dangerous areas, falling objects or materials, unsafe scaffolding or equipment, electrical hazards, and failure to warn of site dangers.
Construction site accidents often involve multiple potentially liable parties, including property owners, general contractors, subcontractors, and equipment manufacturers.
Hotel and Hospitality Accidents
Hotels and resorts owe guests a high duty of care to maintain safe premises. Premises liability cases in hospitality settings often involve slip and falls in lobbies, hallways, or bathrooms, swimming pool accidents, elevator or escalator malfunctions, inadequate security leading to assaults or theft, foodborne illness from hotel restaurants, and balcony or railing collapses.
Colorado’s tourism industry means hotel premises liability cases are common, particularly in mountain resort communities like Steamboat Springs, Vail, and Aspen.
Who Can Be Held Liable in Colorado Premises Liability Cases?
Determining liability in premises liability cases can be complex because multiple parties may share responsibility for maintaining safe property conditions. Potentially liable parties in Colorado premises liability cases include:
Property Owners: Whether they actively occupy the property or lease it to others, property owners generally bear ultimate responsibility for maintaining safe conditions.
Property Management Companies: Professional property managers hired to oversee premises may be liable for failing to address known hazards or conduct adequate inspections.
Landlords and Tenants: Liability may be shared between landlords and tenants depending on who was responsible for the area where the injury occurred and the nature of the hazard.
Business Operators: Retail stores, restaurants, and other businesses that lease space are typically responsible for maintaining their premises safely for customers.
Contractors and Maintenance Companies: When injuries result from negligent maintenance or repairs, the contractors or companies performing that work may share liability.
Security Companies: Professional security firms hired to protect premises may be liable when inadequate security contributes to injuries.
Our experienced Colorado premises liability attorneys thoroughly investigate each case to identify all potentially liable parties. This is crucial because it maximizes your potential recovery and ensures that everyone responsible for your injuries is held accountable.
Common Injuries in Colorado Premises Liability Cases
Premises liability accidents can result in a wide spectrum of injuries, from relatively minor to catastrophic. We’ve represented clients suffering from:
Broken bones and fractures, particularly from falls
Traumatic brain injuries from falls or falling objects
Spinal cord injuries resulting in paralysis
Soft tissue injuries, sprains, and strains
Lacerations and scarring from sharp edges or broken glass
Burn injuries from fires, chemical exposure, or hot surfaces
Wrongful death when premises liability accidents prove fatal
Psychological trauma, particularly in inadequate security cases involving assault
The severity of injuries in premises liability cases is often compounded by the unexpected nature of these accidents. Victims are simply going about their daily activities when they’re suddenly injured through no fault of their own.
Colorado's Duty of Care Standards
One of the most important concepts in Colorado premises liability law is that the duty of care owed by a property owner varies depending on the visitor’s status. Colorado law recognizes three categories of visitors:
Invitees
Invitees are owed the highest duty of care. An invitee is someone who enters property for a purpose that benefits the property owner, such as customers in a store, restaurant patrons, or business visitors. Property owners must actively inspect the premises for hazards, correct dangerous conditions promptly, and warn invitees of any dangers that aren’t obvious.
Licensees
Licensees are social guests or others who enter property with the owner’s permission for their own purposes rather than for the owner’s benefit. Property owners owe licensees a duty to warn of known hazards that the licensee is unlikely to discover on their own. However, property owners generally don’t have a duty to inspect the property for the benefit of licensees.
Trespassers
Property owners owe minimal duty to trespassers—generally only a duty not to intentionally harm them. However, Colorado law does impose a higher duty of care toward child trespassers under the “attractive nuisance” doctrine. If a property owner knows or should know that children are likely to trespass because of an attractive condition on the property (like a swimming pool), they must take reasonable precautions to prevent injury.
Understanding your status as a visitor is crucial to your premises liability claim. Our attorneys carefully analyze the circumstances of your case to establish the appropriate duty of care and prove how the property owner breached that duty.
Proving Your Colorado Premises Liability Case
Successfully proving a premises liability case in Colorado requires thorough investigation, documentation, and evidence. At Eddington Law, we build strong cases by gathering and presenting:
Incident Reports: Official reports filed with the property owner or manager at the time of the accident.
Photographic and Video Evidence: Images of the hazardous condition, surveillance footage, and documentation of the accident scene.
Witness Testimony: Statements from people who saw the accident occur or can testify about the dangerous condition.
Property Inspection Records: Documentation showing when the property was last inspected and what hazards were known to the owner.
Maintenance Records: Evidence of when repairs were requested, scheduled, or completed (or not completed).
Building Codes and Regulations: Documentation showing violations of applicable safety standards or building codes.
Expert Testimony: Engineering experts, safety specialists, security consultants, and other professionals who can testify about property standards and how the owner fell short.
Medical Records: Complete documentation of your injuries, treatment, and prognosis.
Prior Incidents: Evidence of previous accidents or complaints about the same hazardous condition.
One of the most critical elements in premises liability cases is proving that the property owner knew or should have known about the dangerous condition. We investigate how long the hazard existed, whether similar incidents occurred previously, and whether reasonable inspections would have discovered the problem.
Time Limits for Filing Colorado Premises Liability Claims
Colorado law imposes strict time limits for filing premises liability lawsuits. Under Colorado’s statute of limitations, you generally have two years from the date of your injury to file a premises liability lawsuit. If you fail to file within this timeframe, you’ll likely lose your right to recover compensation, regardless of how strong your case may be.
There are some exceptions to this rule. For example, the discovery rule may extend the statute of limitations if the injury wasn’t immediately apparent. Cases involving minor children have different time limits—the statute of limitations generally doesn’t begin to run until the child turns 18. Claims against government entities have much shorter notice requirements, often as brief as 180 days.
Given these strict deadlines and limited exceptions, it’s crucial to contact an experienced Colorado premises liability attorney as soon as possible after your injury. Early action not only protects your legal rights but also allows us to investigate while evidence is fresh, witnesses are available, and conditions can be documented.
Compensation Available in Colorado Premises Liability Cases
If you’ve been injured on someone else’s property in Colorado, you may be entitled to substantial compensation for your losses. Damages in premises liability cases typically include:
Economic Damages
Medical Expenses: All reasonable and necessary medical treatment related to your injury, including emergency care, hospitalization, surgery, rehabilitation, physical therapy, medication, medical equipment, and future medical care.
Lost Wages: Income you’ve already lost due to your injury, including salary, bonuses, and benefits.
Lost Earning Capacity: Future income you’ll lose if your injuries prevent you from returning to your previous job or working at full capacity.
Property Damage: Repair or replacement of personal property damaged in the accident.
Non-Economic Damages
Pain and Suffering: Physical pain, discomfort, and suffering caused by your injuries.
Emotional Distress: Mental anguish, anxiety, depression, and psychological trauma resulting from your accident and injuries.
Loss of Enjoyment of Life: Inability to participate in activities and hobbies you previously enjoyed.
Disfigurement and Scarring: Permanent physical changes that affect your appearance and self-esteem.
Loss of Consortium: Damages paid to your spouse for loss of companionship, affection, and intimacy.
Punitive Damages
In rare cases involving particularly egregious conduct, Colorado law allows for punitive damages designed to punish the defendant and deter similar conduct in the future. However, punitive damages are only available when there’s clear and convincing evidence of fraud, malice, or willful and wanton conduct.
The value of your case depends on numerous factors including the severity of your injuries, the impact on your daily life and ability to work, the degree of the property owner’s negligence, available insurance coverage, and the strength of evidence supporting your claim.
At Eddington Law, we work with medical experts, economists, and vocational specialists to fully document your damages and ensure you receive maximum compensation for all of your losses, both present and future.
Why Choose Eddington Law for Your Colorado Premises Liability Case?
When you’re injured on someone else’s property, choosing the right attorney can make an enormous difference in the outcome of your case. Here’s why Colorado families trust Eddington Law with their premises liability claims:
Over 35 Years of Experience
Since 1984, Eddington Law has been helping injured Coloradans hold negligent property owners accountable. Our decades of experience mean we’ve handled virtually every type of premises liability case and know exactly what it takes to win.
Proven Track Record of Success
We’ve recovered millions of dollars for clients injured in slip and falls, inadequate security incidents, and other premises liability accidents throughout Colorado. Our results speak for themselves, and we’re committed to achieving the best possible outcome in your case.
Personalized Attention
At Eddington Law, you’re never just a case number. We limit the number of cases we take on so that we can provide each client with the personal attention they deserve. You’ll work directly with your attorney from start to finish, and we’re always available to answer your questions and address your concerns.
Thorough Investigation
Premises liability cases require meticulous investigation to identify hazards, establish liability, and prove negligence. We leave no stone unturned in building your case, working with investigators, engineers, and other experts to gather the evidence needed for maximum recovery.
Strong Negotiation and Trial Skills
Insurance companies often try to minimize premises liability claims or deny them altogether. Our attorneys are skilled negotiators who know how to deal with insurance adjusters and defense attorneys. If a fair settlement can’t be reached, we’re fully prepared to take your case to trial and fight for you in court.
No Upfront Costs
We represent premises liability clients on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. This allows you to obtain quality legal representation without worrying about upfront costs or ongoing legal bills while you’re already dealing with medical expenses and lost income.
Statewide Colorado Service
With offices in Denver and Steamboat Springs, Eddington Law serves clients throughout Colorado. Whether you were injured in the Denver metro area, the mountain communities, or anywhere else across the state, we’re here to help.
Compassionate Support
We understand that premises liability injuries can be traumatic, painful, and disruptive to your life. Our team treats every client with compassion and respect, supporting you not just as a legal advocate but as a caring ally during a difficult time.
What to Do After a Colorado Premises Liability Accident
The steps you take immediately after a premises liability accident can significantly impact your ability to recover compensation. Here’s what you should do:
Seek Medical Attention Immediately: Your health is the top priority. Even if your injuries seem minor, get examined by a healthcare provider. Some injuries don’t show symptoms immediately, and prompt medical documentation is crucial to your claim.
Report the Incident: Notify the property owner, manager, or employee about the accident as soon as possible. Make sure an incident report is filed and request a copy for your records.
Document the Scene: If you’re able, take photographs or video of the hazardous condition that caused your injury, the surrounding area, and any visible injuries. This evidence can be invaluable to your case.
Identify Witnesses: Get contact information from anyone who witnessed your accident. Their testimony may be critical in proving what happened and establishing liability.
Preserve Evidence: Keep the clothing and shoes you were wearing at the time of the accident. Don’t repair or alter anything involved in the incident before consulting with an attorney.
Don’t Give Recorded Statements: Property owners and their insurance companies may try to get you to give a recorded statement. Politely decline and refer them to your attorney. Anything you say can be used to diminish or deny your claim.
Keep Detailed Records: Maintain a file with all medical records, bills, receipts, and documentation related to your injury and treatment.
Contact an Experienced Attorney: The sooner you consult with a premises liability lawyer, the better. Early involvement allows us to investigate while evidence is fresh and protect your rights throughout the claims process.
Common Defenses in Colorado Premises Liability Cases
Property owners and their insurance companies will often raise various defenses to avoid liability or minimize the compensation they must pay. Common defenses include:
Open and Obvious Hazard: They may argue that the dangerous condition was so obvious that you should have seen and avoided it.
Comparative Negligence: They may claim you were partially or entirely at fault for your injuries, perhaps by not paying attention or ignoring warnings.
Lack of Notice: They may assert they didn’t know about the hazard and couldn’t have discovered it through reasonable inspection.
Trespasser Status: They may argue you had no legal right to be on the property, thus reducing their duty of care.
Assumption of Risk: In some cases, they may claim you voluntarily assumed the risk of injury, particularly in recreational settings.
Pre-existing Conditions: They may argue your injuries existed before the accident or were caused by something else.
An experienced premises liability attorney knows how to anticipate and counter these defenses effectively. At Eddington Law, we build strong cases that withstand defense tactics and prove the property owner’s liability and your damages.
Frequently Asked Questions About Colorado Premises Liability
How long do I have to file a premises liability lawsuit in Colorado?
Generally, you have two years from the date of your injury to file a lawsuit. However, cases involving government entities have much shorter notice requirements—sometimes as brief as 180 days—so it’s crucial to act quickly.
What if I was partially at fault for my accident?
Colorado follows a modified comparative negligence rule. You can still recover compensation if you were partially at fault, as long as your fault doesn’t exceed 50%. However, your recovery will be reduced by your percentage of fault.
Do I need to prove the property owner knew about the hazard?
Yes, in most cases. You must show that the property owner either knew about the dangerous condition or should have known about it through reasonable inspection and maintenance practices.
Can I sue if I was injured on government property?
Yes, but cases involving government entities have special requirements, including shorter notice deadlines and specific procedures that must be followed. These cases require experienced legal representation.
What if I signed a waiver?
Waivers don’t always prevent you from recovering compensation, especially if they’re poorly written or don’t cover the type of negligence involved in your injury. Our attorneys can evaluate whether a waiver is enforceable in your case.
How much is my premises liability case worth?
The value depends on many factors including the severity of your injuries, medical expenses, lost wages, impact on your life, degree of the property owner’s negligence, and available insurance coverage. We provide honest assessments and work to maximize your recovery.
Will I have to go to court?
Many premises liability cases settle before trial, but we’re always prepared to take your case to court if necessary to achieve fair compensation.
How long does a premises liability case take?
The timeline varies depending on the complexity of the case, the severity of injuries, and whether settlement negotiations are successful. Some cases resolve in months, while others may take a year or more, especially if they go to trial.
Contact Our Colorado Premises Liability Attorneys Today
If you or a loved one has been injured on someone else’s property in Colorado due to dangerous conditions, inadequate maintenance, or negligent security, you deserve experienced legal representation to protect your rights and recover the compensation you need. The property owner may be liable for your medical expenses, lost wages, pain and suffering, and other damages—but insurance companies will fight to minimize what they pay.
At Eddington Law, our Colorado premises liability attorneys have been serving injured clients throughout the state since 1984. We understand Colorado premises liability law inside and out, and we have the resources, experience, and commitment to build a strong case on your behalf. We handle all types of premises liability claims, from slip and falls to inadequate security cases, and we won’t rest until we’ve pursued every avenue to maximize your recovery.
Don’t let the insurance company take advantage of you during this vulnerable time. Let our experienced team fight for the justice and compensation you deserve while you focus on healing and getting your life back on track.
Your consultation is completely free, and we never charge attorney fees unless we successfully recover compensation for you. We serve clients throughout Colorado, including Denver, Steamboat Springs, Colorado Springs, Boulder, Fort Collins, Aurora, Vail, Aspen, Grand Junction, and surrounding communities.
Contact Eddington Law today:
- Call (702) 766-7580
- Visit our website at eddington.law
- Stop by our Denver or Steamboat Springs office
Don’t wait—Colorado’s statute of limitations is strict, and valuable evidence may be lost with each passing day. Let our experienced Colorado premises liability attorneys fight for the justice and compensation you deserve.
Eddington Law – Protecting Colorado Families Since 1984