Landlord Liability for Snow Removal Colorado: Your Guide

You stepped out of your apartment, took three steps, and the world disappeared from under you. One minute you were walking to your car, the next you were on the frozen ground, a searing pain shooting up your leg.

It’s just winter in Colorado, right? People slip. It happens.

That’s what your landlord’s insurance company is counting on you to believe. They want you to think it was just bad luck—an unfortunate accident. They want you to feel powerless, like you’re just a name on a lease, another tenant with another complaint.

But when it comes to landlord liability for snow removal Colorado, you—the tenant—have the highest protection under the law. Holding your landlord accountable isn’t about blaming the weather. It’s about proving their negligence, and that proof is built on one of two powerful legal pillars: 1) The Lease or 2) Unnatural Accumulation.

This isn't just another slip and fall. This is about a duty that was ignored.

Pillar 1: Your Lease Is a Weapon

When you’re hurt and facing down a massive apartment management company, digging through old paperwork feels like the last thing you should do. But that’s exactly where we start.

We don't start with the ice; we start with the contract.

Your lease is more than a rental agreement. It’s a rulebook your landlord wrote for themselves. It’s a legally binding promise, and buried in its pages is often the precise language we need to hold them accountable.

You Are Owed the Highest Duty of Care

Under the Colorado Premises Liability Act, you aren't just a renter—you are legally classified as an "invitee."

This is the highest status a person can have on a property. It means your landlord owes you the highest duty of care. They are legally required to protect you from dangers they know about—or should know about.

That patch of ice that forms on the main walkway after every storm isn’t some unforeseeable act of God. It’s a predictable hazard they have a duty to fix.

The Contractual Duty They Can’t Ignore

Now, back to the lease. If it expressly states that your landlord/management is responsible for snow removal, you’ve just found the smoking gun. They have a contractual duty.

This changes everything. Your case is no longer a generic slip and fall. It’s a breach of contract. Their failure to clear the ice wasn't just an oversight—it was a broken promise.

• Did they clear the snow in a reasonable time, like the 24 hours required by Denver's city code?
• Did they actually eliminate the hazard, or just sprinkle a little salt on a sheet of ice and call it a day?
• Is this a pattern of neglect?

Find your lease. Read the section on maintenance. That one piece of paper can transform your case from an uphill battle into a straightforward demand for accountability.

Pillar 2: The “Unnatural Accumulation” Loophole That Wins Cases

The insurance adjuster will call you. They will calmly explain the “natural accumulation” rule—the idea that landlords aren't liable for snow that just fell from the sky. They say it like it’s the end of the conversation.

It’s a smokescreen. It’s the first move in their playbook.

While the rule is real, the exception is where we win cases for tenants. The exception is unnatural accumulation. This is when the landlord’s own actions—or inaction—created a new, more dangerous hazard.

This is the second pillar of your claim. It yanks the blame from Mother Nature and puts it right back on your landlord’s negligence.

What Unnatural Accumulation Looks Like in Colorado

Unnatural accumulation is any ice that wouldn't exist without the landlord's carelessness. We investigate the source of the ice, proving their choices created the danger that hurt you.

Think of these classic, all-too-common examples:

• The Faulty Downspout: A gutter that drips water directly onto the main apartment walkway after every storm, creating a predictable, recurring sheet of black ice.
• The Negligent Snow Pile: A maintenance crew improperly stacking shoveled snow into a massive pile on a slope. It melts during the day and refreezes at night into a treacherous ice slick right where people walk.

In both cases, the landlord’s failure to maintain their property created a concentrated danger far worse than the original snowfall. That is the essence of what is premises liability law and the core of a winning case.

The Forensic Investigation That Proves Everything

Proving unnatural accumulation requires a forensic approach. We dig into the property’s history, its design flaws, and its maintenance logs to build an undeniable case.

Our investigation includes:

1. Site Inspection: Documenting the source of the ice—the downspout, the leaky pipe, the sloped pavement.
2. Maintenance Records: Demanding work orders and complaints about that exact hazardous area.
3. Witness Statements: Interviewing other tenants who can confirm the hazard was a chronic, ignored problem.

This methodical, evidence-based strategy leaves no room for the insurance company to hide behind their flimsy excuses. You can read more about how these legal precedents have shaped current landlord duties.

What to Do Immediately After You Fall on the Ice

In the moments after you hit the ground, pain and confusion take over. But if you can, you need to think like a detective.

Your phone is your most powerful tool. Use it to capture the truth before your landlord can erase it.

1. Document the Cause, Not Just the Ice

This is the single most important step. Don't just snap a picture of the ice you slipped on. Document the source.

• Is a downspout dripping onto the walkway? Get a video showing the drip and the ice it formed.
• Is a huge, melting snow pile creating a runoff that refreezes? Get photos showing the pile and the ice slick.

This is the visual evidence that proves unnatural accumulation. Do it before maintenance shows up with a shovel and salt to pretend the problem never existed.

2. Report the Injury in Writing

As soon as you’re safe, notify your landlord or property management company in writing. An email or text creates a timestamped, undeniable record.

Keep it simple and factual. "I slipped and fell on the ice outside Building C at 10 AM today and was injured." Do not apologize or accept blame. Just create the paper trail.

3. Gather Your Allies

Did a neighbor help you up? Get their name and phone number. Ask other tenants if they’ve complained about that same icy spot before.

A witness who can testify that the hazard was a chronic, known problem that management ignored is pure gold for your case.

How We Dismantle the Insurance Company’s Blame Game

The real fight begins after you’ve reported the injury. Get ready for the insurance company’s playbook. It’s a masterclass in deflection, and it always starts with their favorite tactic: comparative negligence.

The adjuster will call. They’ll sound reasonable. Then they will start to subtly—or not so subtly—blame you.

The Victim-Blaming Script They All Use

Their goal is to get you to admit a tiny sliver of fault. Under Colorado law, if you're found 50% or more at fault, you get nothing. Zero.

So they’ll ask their scripted questions:

• “What kind of shoes were you wearing?”
• “Were you carrying anything?”
• “Were you on your phone?”

And their favorite, the one they repeat to wear you down: "Why weren't you watching where you were going?" They’ll ask it again and again, hoping you'll start to believe it was your fault. They will ask, "Why weren't you watching where you were going?" because this victim-blaming is a deliberate strategy to devalue your claim.

We see this coming. We dismantle it with facts.

The insurance company wants to make this about your shoes. We make it about their broken contract and negligent maintenance.

We counter their script with overwhelming evidence: the lease, the photos of the unnatural accumulation, witness statements, and any violations of local snow removal ordinances—like the 24-hour rule for a property in Denver. We know why insurance companies deny claims, and we build a case they can’t dismiss.

We show them that going to trial will be far more expensive than paying you what you’re rightfully owed.

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Disclaimer: The information in this blog post is for general informational purposes only and does not, and is not intended to, constitute legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this post without seeking legal advice from counsel in the relevant jurisdiction.

You’re not in this alone. Your landlord and their massive insurance carrier have a team of lawyers whose only job is to protect their profits. It’s time to even the odds. I handle the fight so you can focus on healing.

Just reach out. I got you.

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