Denver Premises Liability Lawyer Explains Property Injury Claims

What a Denver premises liability lawyer looks at first

Colorado premises claims are governed by a statute, not general negligence rules. The Colorado Premises Liability Act, C.R.S. § 13-21-115, ties what an injured person must prove to why they were on the property. An invitee, such as a customer or other business visitor, 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 (§ 13-21-115(4)(c)(I)).

A licensee, which includes a social guest, has a narrower path: generally dangers the landowner created and actually knew about, or a failure to warn of known dangers not ordinarily present on that type of property (§ 13-21-115(4)(b)). A trespasser may only recover damages willfully or deliberately caused by the landowner (§ 13-21-115(4)(a)). The court, not the jury, decides which category applies (§ 13-21-115(6)).

The statute defines "landowner" broadly. It includes an authorized agent, a person in possession of the property, and anyone legally responsible for its condition or for the activities on it (§ 13-21-115(7)(b)). That is why a premises review looks past the owner of record to the tenant business, the property manager, and any maintenance or snow-removal contractor.

Deadlines and fault rules that shape a property injury claim

Most Colorado premises liability lawsuits must be filed within two years. C.R.S. § 13-80-102(1)(a) sets a two-year limit for tort actions, including negligence, other than claims arising out of the use or operation of a motor vehicle.

If the property belongs to a city, school district, or other public entity, the Colorado Governmental Immunity Act applies. Immunity is waived for injuries resulting from a dangerous condition of any public building (C.R.S. § 24-10-106(1)(c)), but a written notice must be filed within 182 days after the date of discovery of the injury, and that notice is a jurisdictional prerequisite to suit (C.R.S. § 24-10-109(1)).

Fault can be shared. Under C.R.S. § 13-21-111, an injured person's own negligence does not bar recovery if it was not as great as the negligence of the party they are seeking recovery from, but any damages are reduced in proportion to their share. Expect the defense to argue that the hazard was open and obvious or that you were not watching where you walked.

What does a premises liability lawyer in Denver do?

A premises liability lawyer evaluates injury claims caused by unsafe property conditions. In Colorado that means applying C.R.S. § 13-21-115: identifying every party that qualifies as a landowner, determining whether you were an invitee, licensee, or trespasser, gathering proof of what the landowner knew or should have known, preserving evidence such as video and maintenance records, and tracking filing and government-notice deadlines.

How long do I have to file a premises liability claim in Colorado?

Most premises liability lawsuits must be filed within two years under C.R.S. § 13-80-102(1)(a). If a public entity owns or controls the property, a written notice of claim is generally due within 182 days after you discover the injury under C.R.S. § 24-10-109(1). Evidence such as surveillance video can be overwritten far sooner than either deadline.

Can I still recover if I was partly at fault for my fall?

Possibly. Under C.R.S. § 13-21-111, your own negligence does not bar recovery if it was not as great as the negligence of the party you are seeking recovery from, but your damages are reduced by your percentage of fault. If your share is equal to or greater than theirs, you recover nothing.

Who can be responsible for a dangerous condition on commercial property?

More than one party can be. Colorado's definition of "landowner" includes a person in possession of the property and anyone legally responsible for its condition or the activities on it, so the property owner, a tenant business, a property manager, or a maintenance contractor may each be involved.

How do I talk to Conduit Law about a property injury?

Call (720) 432-7032 for a free consultation. We review how the injury happened, what evidence may still exist, which parties and insurers are involved, and which deadlines apply. There are no fees unless we win.