If you have been injured in Colorado by slipping and falling on ice, snow, or a wet surface, you may be entitled to compensation. These claims are governed by the Colorado Premises Liability Act which is codified at § 13-21-115, C.R.S. (2024).
Examples of Colorado Premises Liability Claims
- Slip and fall on ice on sidewalk
- Slip and fall on spilled liquid in store
- Trip and fall on uneven sidewalk
Purpose of the Premises Liability Act
The purpose of the Colorado Premises Liability Act is to ensure that landowners maintain their property in a safe condition to prevent unnecessary injury to people on their property. Imagine that you are walking into the grocery store, and no one has shoveled or iced the sidewalk leading into the store. You take a step onto the sidewalk and slip and fall on the ice.
Now, your routine trip to the grocery store has resulted in a fractured arm, a trip to the ER, surgery, physical therapy, medical bills, and lost wages. Who should be responsible for all those expenses? Under the Colorado Premises Liability Act, the “landowner” is responsible.
Status of Injured Person
The legal duty owed to the injured person by the landowner is dependent on the injured person’s status on the land. The Colorado Premises Liability Act categorizes injured people as either an invitee, a licensee, or a trespasser.
Invitee
An invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about or should have known about.
“Invitee” means a person who enters or remains on the land of another to transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner’s express or implied representation that the public is requested, expected, or intended to enter or remain.
Licensee
A licensee may recover damages for the landowner’s unreasonable failure to exercise reasonable care with respect to dangers created by the landowner that the landowner actually knew about.
“Licensee” means a person who enters or remains on the land of another for the licensee’s own convenience or to advance the licensee’s own interests, pursuant to the landowner’s permission or consent. “Licensee” includes a social guest.
Trespasser
A trespasser may only recover damages willfully or deliberately caused by the landowner.
“Trespasser” means a person who enters or remains on the land of another without the landowner’s consent.
Colorado Slip and Fall Personal Injury Cases
The status of the injured person is often dispositive in a slip and fall personal injury case. For instance, if you slipped and fell on ice on your way into a store or business, you are likely an “invitee” and have a better chance of winning your personal injury case.
However, if you were taking a short cut across your neighbor’s property without their permission when you slipped and fell, you will most likely be considered a “trespasser” and the odds of winning your personal injury claim are greatly diminished.
Damages in Colorado slip and fall Personal Injury Cases
If you have been injured in Colorado by slipping and falling on ice, snow, a wet surface, or an uneven or poorly maintained sidewalk, you may be entitled to damages including:
- Economic Damages including medical bills and lost wages
- Non-economic damages for pain and suffering
- Compensation for physical disfigurement
- Compensation for physical impairment
If you have been injured in a slip and fall or trip and fall in Boulder, Denver, or the surrounding area, call Colorado personal injury attorney Mike Ferrell today for a free consultation.
The Ferrell Law Firm, PLLC takes personal injury cases on a contingency fee basis. This means there is no fee to the client until we win your case! If we win your case, our fee is 33.3% of the amount of settlement and 40% of any jury verdict.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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