Overview
In Colorado, if you’ve been injured on someone else’s property due to a dangerous condition, your case falls under the Colorado Premises Liability Act (“PLA”), § 13-21-115, C.R.S. This Act is the exclusive legal pathway for individuals seeking compensation for injuries sustained on another’s property.
Common scenarios governed by the PLA include:
- Slip and fall injuries involving snow and ice
- Slip and fall injuries in shopping centers, hotels, or other businesses
- Trip and fall injuries on uneven surfaces like sidewalks or walking paths
- Injuries from negligently maintained stairs, handrails, elevators, and escalators
- Negligent security incidents in public venues (bars, nightclubs, etc.)
- Swimming pool injuries
- Construction site injuries
- Any injury on a business or person’s property caused by a dangerous condition
The PLA defines a “Landowner” broadly to include anyone in possession of real property or legally responsible for its condition or activities.
The duty a landowner owes to an injured party depends on the injured person’s status on the land, categorized into three types:
Trespasser
A “Trespasser” is someone on another’s land without consent. As a trespasser, you can only recover damages if the landowner willfully or deliberately caused your injuries (e.g., intentional harm like an assault or a booby trap).
Licensee
A “Licensee” enters or remains on the land for their own convenience or interests, with the landowner’s permission. Social guests are typically considered licensees. A licensee can recover damages if the landowner failed to warn of dangers they actually knew about, which were not ordinarily present on that type of property and were not created by the landowner. For example, if you’re a social guest at a friend’s house and fall into an abandoned well they knew about but didn’t warn you of, you might have a claim.
Invitee
An “Invitee” enters or remains on land to conduct business of mutual interest, or in response to an express or implied invitation for the public to enter. Most common premises liability claims in Colorado involve invitees. An invitee can recover damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers they actually knew about or should have known about.
Given Colorado’s climate, many premises liability claims involve inadequate snow and ice maintenance leading to serious injuries. If you’re visiting a store, gas station, restaurant, or event venue, you are an “invitee.” The business owes you a duty to maintain their premises safely.
In practical terms, this means:
- Business owners must maintain their premises in a safe condition.
- If you slip and fall on uncleared ice, a liquid spill, or a tripping hazard (like a rolled-up mat) and are injured, you may have a personal injury claim.
- If you are assaulted by an employee, and the employer should have known about the employee’s violent tendencies, you may have a claim.
- If you trip on a negligently maintained and uneven sidewalk, you may have a claim.
What Should You Do If You’ve Been Injured?
If you’ve suffered a slip and fall accident, immediate action is crucial to protect your rights:
- Document the Scene: Immediately take photographs and/or video of the dangerous condition with your smartphone. This is especially vital for ice, which will melt and disappear.
- Notify the Business: Inform an employee so an incident report can be completed.
- Gather Witness Information: Obtain names and contact details of any witnesses, including employees.
- Check for Surveillance: Note any nearby surveillance cameras that might have captured the incident.
- Seek Medical Care: Obtain immediate medical attention for your injuries.
- Contact a Personal Injury Lawyer: Call a Colorado personal injury lawyer right away. They can act quickly to preserve evidence and protect your legal interests.
The Role of Insurance in Premises Liability Claims
Most businesses and homeowners carry liability insurance. While you are technically suing the property owner, your claim will primarily involve their insurance company. An experienced slip and fall lawyer will identify all potentially liable “landowners” and notify them, triggering their insurance company to begin evaluating the claim.
How to Make a Slip and Fall Personal Injury Claim
In Colorado, you generally have two (2) years from the date of injury to file a premises liability lawsuit (the statute of limitations). Failing to file within this timeframe will completely bar your claim.
Here’s a typical process:
- Identify Defendants: Your attorney will identify all possible liable parties, which might include the business owner, property owner, or landlord.
- Letter of Representation: Your lawyer will send a formal letter notifying the defendants of your personal injury claim.
- Ascertain Insurance Coverage: While not legally required until a lawsuit is filed, insurance adjusters often provide coverage information beforehand.
- Gather Evidence: Crucial evidence includes:
- Medical records and bills
- Photographs of the scene
- Witness statements
- Incident reports
- Surveillance video (act fast, as footage is often only retained for a short period!)
- Documentation of lost wages
- Demand Letter: Your attorney will compile the evidence and draft a demand letter to the insurance company, outlining liability and damages, and making a settlement demand. Insurers typically have 30 days to respond.
- Litigation (if necessary): If a fair settlement isn’t reached, the case moves to litigation, involving stages like:
- Complaint & Service of Process: Filing the lawsuit and formally notifying the defendants.
- Discovery: Exchanging information through disclosures, interrogatories, document requests, and depositions.
- Mediation: An opportunity to resolve the case with the help of a neutral third party (often a retired judge) before trial.
- Trial: If all else fails, the case goes before a jury who will determine liability and damages.
Types of Damages in Colorado Slip and Fall Cases
In a successful premises liability claim, you may recover:
- Economic Damages: Compensation for past and future medical bills and lost wages. These damages have no caps in Colorado.
- Non-Economic Damages: Compensation for pain, suffering, inconvenience, emotional stress, and impairment to the quality of life. As of 2025, these are capped at $1,500,000.00.
- Permanent Physical Impairment Damages: Compensation for lasting injuries like scars, amputations, or other serious impairments. There are no caps on these damages.
Example Settlement:
Consider a case with:
- $200,000.00 in past and future medical expenses and lost wages
- $200,000.00 in past and future pain, suffering, and inconvenience
- $100,000.00 in permanent physical impairment damages
Total Settlement: $500,000.00
Conclusion
Slip and fall injury cases under the Colorado Premises Liability Act are complex. If you’ve been injured on someone else’s property, like a business or store, you need a skilled personal injury lawyer to navigate the nuances of your claim.
At The Ferrell Law Firm, we have a proven track record of successfully resolving slip and fall injury claims, securing significant settlements for our injured clients. We offer free consultations and work on contingency fees, meaning you pay no upfront costs or fees, and we only get paid if you win your case.
Don’t wait! Call our Boulder slip and fall injury lawyers today for a free and confidential case evaluation.