Property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to maintain safe conditions, warn of hazards, or provide adequate security, people get injured. These injuries—from slip and falls to assaults due to inadequate security—fall under premises liability law.
If you’ve been injured on someone else’s property in Denver due to dangerous conditions, defective maintenance, or inadequate security, you have the right to seek compensation from the negligent property owner. However, premises liability cases are complex, often involving disputes about the property owner’s knowledge of hazards and your legal status on the property.
At Eddington Law, our attorneys have over 35 years of experience representing injured Coloradans in premises liability cases throughout Denver. We understand Colorado’s premises liability laws, know how to prove property owner negligence, and fight aggressively to hold property owners accountable for failing to maintain safe premises.
Property owners have responsibilities. When they fail to meet them and people get hurt, we make them answer for it.
Why Choose Eddington Law for Your Denver Premises Liability Case?
Premises liability cases require attorneys who understand both property owner duties and the evidence needed to prove negligence:
Over 35 Years Fighting for Injured Coloradans
Our attorneys have spent more than three decades representing injury victims throughout Denver and Colorado, including numerous premises liability cases. We understand the unique challenges these cases present, from proving the property owner knew about hazards to overcoming defenses that blame injured victims.
This experience means we know how to investigate effectively, identify liable parties, and build compelling cases that hold property owners accountable.
Understanding of Colorado Premises Liability Law
Colorado law defines property owner duties based on the visitor’s legal status:
- Invitees (customers, business guests): Owed highest duty of care
- Licensees (social guests): Owed duty to warn of known hazards
- Trespassers: Generally owed minimal duty (with exceptions)
We understand these distinctions and how they affect your case. We also know how to prove property owners knew or should have known about dangerous conditions.
Thorough Investigation Capabilities
Successful premises liability cases require comprehensive investigation:
- Obtaining incident reports and surveillance footage
- Documenting hazardous conditions
- Interviewing witnesses
- Reviewing property maintenance records
- Examining prior complaints or incidents
- Consulting safety experts when necessary
We have the resources to conduct these investigations effectively and preserve critical evidence before it disappears.
Experience with Various Property Types
We’ve handled premises liability cases involving:
- Retail stores and shopping centers
- Restaurants and bars
- Apartment complexes
- Office buildings
- Hotels
- Parking lots and garages
- Construction sites
- Government properties
Different property types involve different standards and liable parties—we understand these nuances.
Knowledge of Insurance Coverage
Property owners typically carry liability insurance, but insurers aggressively defend premises liability claims. We know how to deal with commercial insurance adjusters, counter their tactics, and negotiate from strength.
No Fees Unless We Win
After a premises liability injury, medical bills create financial stress. We work on contingency—you pay no attorney fees unless we successfully recover compensation for you. This means you can pursue justice without financial risk.
Personalized Service from a Family-Owned Firm
As a family-owned practice, we treat clients with genuine care and respect. We keep you informed, answer your questions, and ensure you feel supported throughout the legal process.
Common Types of Premises Liability Cases in Denver
Premises liability encompasses many types of accidents caused by dangerous property conditions:
Slip and Fall Accidents
The most common premises liability cases involve slipping, tripping, or falling due to:
Wet or Slippery Floors:
- Spilled liquids not cleaned up
- Recently mopped floors without warning signs
- Leaking refrigeration units
- Tracked-in rain or snow
Uneven Surfaces:
- Cracked or damaged flooring
- Torn carpet or loose rugs
- Uneven sidewalks
- Potholes in parking lots
- Transition strips between floor types
Cluttered Walkways:
- Merchandise blocking aisles
- Electrical cords across walkways
- Debris or trash
- Poor housekeeping
Poor Lighting:
- Inadequate lighting in stairwells
- Dark parking lots or garages
- Burned-out bulbs not replaced
- Insufficient lighting at entrances
Snow and Ice Accidents
Denver’s winters create special premises liability issues. Property owners must:
- Remove snow and ice within reasonable time after storms
- Apply salt or sand to reduce slipping hazards
- Warn of icy conditions when removal isn’t possible
- Address drainage issues that create ice patches
Common snow and ice accidents occur:
- On business sidewalks and parking lots
- At apartment complex walkways
- On retail store entrances
- In office building parking structures
Colorado law gives property owners reasonable time to address winter weather, but unreasonable delays create liability.
Stairway and Elevation Accidents
Falls on stairs cause serious injuries. Common hazards include:
- Missing or inadequate handrails
- Uneven or broken steps
- Slippery surfaces without traction strips
- Poor lighting
- Misleading or worn step edges
- Failure to mark elevation changes
Property owners must maintain stairs according to building codes and ensure adequate safety features.
Inadequate Security
When property owners fail to provide adequate security and criminal acts result, they may be liable for:
Inadequate Lighting:
- Dark parking lots enabling assaults
- Poorly lit hallways or stairwells
- Insufficient exterior lighting
Lack of Security Personnel:
- Failure to employ guards in high-crime areas
- Inadequate security for known risks
Defective Locks:
- Broken door locks
- Windows that don’t secure
- Failed access control systems
Known Criminal Activity:
- Prior assaults on property
- High crime area without extra precautions
- Failure to address ongoing security issues
Property owners who know of criminal risks must take reasonable steps to protect visitors.
Swimming Pool Accidents
Pool owners have heightened duties, especially regarding children:
- Adequate fencing and self-latching gates
- Proper depth markings
- Non-slip surfaces around pools
- Functioning drain covers
- Adequate supervision
- Working safety equipment
Pool accidents often involve children and can result in drowning, near-drowning, or diving injuries.
Elevator and Escalator Accidents
Mechanical failures or poor maintenance can cause:
- Sudden stops or drops
- Door malfunctions catching hands or clothing
- Escalator step collapses
- Inadequate maintenance
- Failure to repair known defects
These accidents may involve both property owners and maintenance companies.
Toxic Exposure
Property conditions can expose visitors to:
- Mold from water damage
- Carbon monoxide from faulty heating
- Asbestos during renovations
- Lead paint
- Chemical spills
These cases often involve delayed injuries requiring specialized medical testimony.
Fire and Smoke Injuries
Property owner negligence can contribute to fire injuries:
- Defective smoke detectors
- Blocked exits
- Building code violations
- Inadequate fire suppression systems
- Failure to maintain electrical systems
Dog Bites on Property
Property owners may share liability when dogs attack visitors:
- Known dangerous dogs without restraint
- Inadequate fencing
- Failure to warn of dangerous animals
Construction Site Accidents
Construction sites pose special hazards requiring:
- Adequate fencing and barriers
- Warning signs
- Secure storage of materials
- Protection of adjacent areas
Property owners and contractors may share liability for construction-related injuries.
Proving Premises Liability in Colorado
Successful premises liability claims require proving several elements:
Duty of Care
Property owners owe different duties based on visitor status:
Invitees (customers, business guests): Property owners must:
- Inspect for hazards
- Maintain safe conditions
- Repair known hazards promptly
- Warn of dangers that can’t be immediately fixed
Licensees (social guests): Property owners must:
- Warn of known hazards
- Not create new hazards
Trespassers: Generally owed minimal duty except:
- Known frequent trespassers may be owed warning
- Children may be owed protection from “attractive nuisances”
Most premises liability cases involve invitees, who are owed the highest duty of care.
Breach of Duty
Proving the property owner breached their duty requires showing:
- A dangerous condition existed
- The owner knew or should have known about it
- The owner failed to fix it or warn about it
- The failure was unreasonable
The key often lies in proving the property owner’s knowledge. Evidence includes:
- How long the hazard existed (long-standing hazards imply knowledge)
- Prior complaints or incidents
- Maintenance records showing awareness
- Video surveillance showing the hazard
- Employee testimony about reporting hazards
Causation
You must prove the dangerous condition caused your injuries:
- Medical records linking injuries to the fall or incident
- Expert testimony about how the hazard caused the accident
- Accident scene evidence
- Witness statements
Damages
Finally, you must prove actual damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Other losses
Learn Your Rights After a Property Injury
Common Defenses in Premises Liability Cases
Property owners and their insurers use various defenses to avoid liability:
Open and Obvious Doctrine
Property owners argue hazards were so obvious you should have seen and avoided them. However, Colorado law recognizes exceptions:
- Hazards may be open and obvious yet still unreasonably dangerous
- Distractions may excuse failure to notice hazards
- Property owners can’t create obvious hazards and escape liability
We counter these arguments with evidence showing the hazard was unreasonably dangerous despite being visible.
Comparative Negligence
Property owners argue you were partially at fault:
- Not watching where you were going
- Wearing inappropriate footwear
- Ignoring warning signs
- Being distracted
Colorado’s comparative negligence law reduces recovery by your percentage of fault if you were less than 50% responsible. We fight to minimize fault attributions.
Lack of Notice
Property owners claim they didn’t know about the hazard. We counter by proving:
- How long the hazard existed
- Whether regular inspections would have revealed it
- Prior complaints or incidents
- Video evidence showing the hazard
- Industry standards for inspection frequency
No Duty Owed
Property owners may argue:
- You were a trespasser owed no duty
- The area wasn’t under their control
- They weren’t responsible for the specific hazard
We establish your legal status and the property owner’s responsibilities.
Independent Contractor Defense
Property owners may blame contractors for hazards. However, property owners often remain liable even when contractors create hazards, especially for invitees.
Injuries Common in Premises Liability Cases
Premises liability accidents cause various injuries:
Fractures and Broken Bones
Slip and fall accidents commonly cause:
- Hip fractures (especially in elderly victims)
- Wrist and arm fractures
- Ankle fractures
- Broken ribs
- Shoulder fractures
These injuries often require surgery and lengthy rehabilitation.
Head and Brain Injuries
Falls can cause:
- Concussions
- Traumatic brain injuries
- Skull fractures
- Brain bleeding
Head injuries can result in permanent cognitive impairment or disability.
Spinal Cord Injuries
Severe falls or assaults can cause:
- Fractured vertebrae
- Spinal cord damage
- Paralysis
- Chronic pain
Soft Tissue Injuries
Sprains, strains, and ligament tears are common but can cause significant pain and limitations.
Cuts and Lacerations
Sharp objects, broken glass, or rough surfaces can cause:
- Deep cuts requiring stitches
- Scarring
- Nerve damage
Psychological Trauma
Assaults due to inadequate security cause:
- PTSD
- Anxiety
- Depression
- Fear of returning to similar locations
Wrongful Death
Severe premises liability accidents can result in fatalities, allowing surviving family members to pursue wrongful death claims.
What to Do After a Premises Liability Accident
Your actions after an accident affect your ability to recover compensation:
Report the Incident
Immediately report the accident to:
- Property owner or manager
- Store manager or supervisor
- Front desk (hotels)
- Security personnel
Request a written incident report and get a copy if possible.
Document Everything
Take photos of:
- The hazard that caused your fall
- Surrounding area and conditions
- Lighting conditions
- Warning signs (or lack thereof)
- Your visible injuries
- Torn or damaged clothing
- Your shoes (important in slip and fall cases)
Get contact information from witnesses.
Preserve Evidence
Keep:
- Clothing and shoes worn during the incident
- Any objects involved in the accident
- All documents related to the incident
Seek Medical Attention
Get evaluated by a doctor even if injuries seem minor. Some injuries have delayed symptoms, and immediate medical treatment:
- Ensures proper diagnosis and treatment
- Creates documentation linking injuries to the accident
- Prevents insurance companies from arguing injuries weren’t serious
Don’t Sign Anything
Property owners or their insurers may ask you to sign:
- Release forms
- Statements about what happened
- Settlement agreements
Don’t sign anything without consulting an attorney. These documents often waive your right to compensation.
Don’t Give Recorded Statements
Politely decline to give recorded statements to insurance adjusters. They use these statements to minimize claims. Refer them to your attorney.
Follow Medical Advice
Attend all appointments, complete prescribed therapy, and follow doctor instructions. Insurance companies use gaps in treatment to argue injuries weren’t serious.
Document Your Recovery
Keep a journal describing:
- Pain levels
- Limitations on activities
- Medical treatments
- How injuries affect daily life
Avoid Social Media
Insurance companies monitor social media for evidence to minimize claims. Avoid posting until your case resolves.
Contact Eddington Law
The sooner you have legal representation, the better we can preserve evidence, investigate the accident, and protect your rights.
Compensation Available in Premises Liability Cases
Colorado law allows premises liability victims to recover:
Economic Damages
- Medical expenses (emergency care, hospitalization, surgery, rehabilitation)
- Future medical care
- Lost wages
- Lost earning capacity
- Out-of-pocket expenses
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
- Disfigurement
- Loss of consortium
Punitive Damages
In cases involving willful and wanton conduct or fraud, Colorado allows punitive damages to punish defendants and deter similar conduct.
Get Your Free Premises Liability Consultation
How Eddington Law Handles Your Case
When you hire us, we immediately begin building your case:
Comprehensive Investigation
We obtain:
- Incident reports
- Surveillance footage
- Maintenance records
- Prior complaint records
- Witness statements
- Expert opinions
We document hazardous conditions and prove property owner knowledge.
Identifying All Liable Parties
Premises liability cases may involve multiple defendants:
- Property owners
- Property managers
- Maintenance companies
- Tenants
- Contractors
We identify all liable parties to maximize recovery.
Proving Negligence
We establish:
- The property owner’s duty of care
- The dangerous condition
- The property owner’s knowledge
- Causation
- Your damages
Learn Your Rights After a Property Injury
Negotiating with Insurers
We handle all communications with insurance companies, protecting you from tactics designed to minimize your claim.
Trial Preparation
If fair settlement can’t be reached, we’re prepared to take your case to trial. Our trial experience motivates reasonable settlement offers.
Frequently Asked Questions
How long do I have to file a premises liability claim?
Colorado’s statute of limitations is generally two years from the accident date, but exceptions exist. Contact an attorney promptly to protect your rights.
What if I was partially at fault?
Colorado’s comparative negligence law allows recovery if you were less than 50% at fault, though your compensation is reduced by your fault percentage.
What if the property owner says the hazard was obvious?
Even obvious hazards can be unreasonably dangerous. We fight to show the property owner’s negligence despite hazard visibility.
Do I need a lawyer for a slip and fall case?
Property owners and insurers aggressively defend these cases. Experienced legal representation significantly improves your chances of fair compensation.
What if I was hurt on government property?
Claims against government entities have special notice requirements and shorter deadlines. Contact an attorney immediately.
How much is my case worth?
Case value depends on injury severity, medical costs, lost income, permanent disability, and other factors. We provide realistic assessments during free consultations.
Contact Our Denver Premises Liability Attorneys Today
If you’ve been injured on someone else’s property in Denver due to dangerous conditions or negligent maintenance, don’t let property owners avoid responsibility. You have the right to seek compensation for injuries caused by their negligence.
At Eddington Law, we’ve spent over 35 years holding property owners accountable for failing to maintain safe premises. We understand Colorado premises liability law and fight aggressively for injured victims.
Call us today for your free consultation. No fees unless we win your case.
Property owners have responsibilities. When they fail to meet them and people get hurt, we make them answer for it. Contact Eddington Law 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.