Colorado Springs Premises Liability Lawyer
Serving Injured Coloradans Since 1971, With Over 100 Years of Combined Trial Experience
Under Colorado law, a property owner who knew or should have known about a dangerous condition and failed to fix it or warn visitors may be held liable for resulting injuries or death. The Colorado Premises Liability Act (C.R.S. § 13-21-115) is the governing statute for these claims, setting out the specific duties property owners owe to everyone who enters their property. If negligence caused your injury, you may have grounds to pursue compensation for personal injury or wrongful death.
At Clawson & Clawson, LLP, we’ve represented injured Colorado Springs residents in premises liability cases since 1971. We offer free initial consultations so you can understand your rights before committing to anything.
Call (719) 602-5888 or contact our office to schedule your free consultation today.Common Premises Liability Claims in Colorado Springs
Slip and fall accidents are the most common type of premises liability claim, but many hazardous conditions can give rise to a valid case.
Common hazardous property conditions include:
- Slippery floors (ice, liquid spills, or other wet surfaces)
- Broken or cracked flooring, pavement, stairs, or sidewalks
- Missing or inadequate handrails
- Failure to warn visitors of known hazards
Property owners and managers are responsible for correcting these hazards promptly or posting adequate warnings in the meantime. Visitors injured because of this kind of negligence can bring premises liability claims against the responsible party.
Other common claim types include swimming pool accidents involving pools without four-sided fencing and self-latching gates, dog bites when a landlord knew the animal had a propensity for violent behavior, and negligent security claims when a property owner in a high-crime or high-traffic area fails to provide adequate lighting, working locks, or other security measures. Additional qualifying conditions include falling objects, defective stairs or railings, and fire or electrical hazards.
If you believe you have grounds for a premises liability claim, contact Clawson & Clawson, LLP for a free consultation. A Colorado Springs personal injury attorney from our firm can review your situation, assess the strength of your claim, and explain what compensation may be available.
Why Colorado Springs Clients Choose Clawson & Clawson, LLP
Our firm brings over 100 years of combined trial experience to every premises liability case we handle. That depth matters when property owners and their insurers contest liability or dispute the severity of your injuries. We know how to build and try cases in Colorado courts, and we’ve been doing it in Colorado Springs and the surrounding region since 1971.
Our attorneys are recognized members of the Multi-Million Dollar Advocates Forum® and The National Trial Lawyers: Top 100, distinctions reserved for attorneys who have achieved significant results in high-stakes litigation. We hold a 10/10 “Superb” rating from Avvo, consistent Super Lawyers recognition from 2023 through 2026, an A+ rating with the Better Business Bureau, and have been named among the “Best Law Firms” by U.S. News & World Report.
Our documented personal injury results include an $800,000 recovery in an 18-wheeler collision case and multiple automobile crash settlements ranging from $240,000 to $550,000. These results reflect our personal injury work broadly and are not specific to premises liability outcomes; past results don’t guarantee a similar outcome in your case. What they do reflect is our willingness to litigate when insurers won’t offer fair value. We settle many cases favorably out of court, but we’re fully prepared to take a case to trial when that’s what it takes. Our experienced personal injury paralegals work alongside our attorneys at every stage, and your case receives the attention it deserves.
Colorado Premises Liability Law: What You Need to Know
Colorado’s Premises Liability Act (C.R.S. § 13-21-115) doesn’t treat all visitors the same. Your legal status on the property when you were injured directly affects the duty of care the owner owed you, and that distinction can make or break a claim.
Visitor Classification Under C.R.S. § 13-21-115
Invitees, meaning customers and business visitors, are owed the highest duty of care. Property owners must conduct regular inspections and correct hazards promptly. Licensees, such as social guests at a private home, must be warned of known hazards. Trespassers are generally owed only the duty to refrain from intentional harm, though exceptions exist for children under the attractive nuisance doctrine.
Filing Deadlines & the Government Notice Requirement
Colorado’s statute of limitations for premises liability claims is two years from the date of injury under C.R.S. § 13-80-102. If your injury occurred on government-owned property, a stricter rule applies: under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109), you must file written notice of your claim within 182 days of discovering the injury. Missing that deadline can bar your lawsuit, regardless of how strong your claim might otherwise be.
Comparative Fault & Evidence Preservation
Colorado follows a modified comparative negligence rule (C.R.S. § 13-21-111), which reduces your recovery by your percentage of fault and can eliminate it entirely if you’re found 50% or more responsible for the accident. Property owners and their insurers frequently argue that injured visitors share the blame, so building a strong factual record early is critical. Security camera footage is often overwritten within days, and property owners may repair hazardous conditions quickly after an incident. Acting promptly protects your ability to gather the evidence your claim depends on.
Damages Recoverable in a Colorado Premises Liability Case
A successful premises liability claim can support recovery for both economic and non-economic losses. Economic damages can include emergency and ongoing medical expenses, future medical costs, lost wages, and diminished earning capacity. Non-economic damages can include compensation for pain and suffering, emotional distress, and reduced quality of life. In fatal cases, wrongful death damages may be available for surviving family members.
Colorado doesn’t cap economic damages in personal injury cases. Non-economic damages are subject to statutory limits, and total case value depends on injury severity, medical costs, the extent of lost income, and the degree of the property owner’s negligence. We can work to identify every category of compensatory damages available in your circumstances.
Questions About Premises Liability in Colorado
Premises liability law involves distinctions that aren’t always obvious, and the right answer often depends on the specific facts of your situation. The questions below address some of the most common scenarios we see.
Can a Venue Be Held Legally Responsible When a Crime Occurs on Its Property?
Generally, venues such as hotels aren’t liable for crimes that occur on or near their property. But if the crime was foreseeable and the venue failed to take reasonable precautions, liability may exist. A venue located in a high-crime area, for example, may be expected to provide adequate warnings and security measures. Failure to do so can support a negligent security claim, particularly if the venue also lacked basic protections like working locks or well-lit parking areas.
Can I Sue the City If I Was Injured on a City Sidewalk?
Possibly. Municipalities have a duty to maintain city streets and sidewalks, and if the city neglected that duty and your injury resulted, a premises liability claim may have merit. These cases are procedurally demanding: under the Colorado Governmental Immunity Act, you must file written notice within 182 days of your injury, and missing that deadline can bar your claim. If you were hurt on government-owned property, contact our office promptly.
I Was Injured at a Neighbor’s Party. Can I Pursue Compensation?
You may be able to. Homeowners who invite guests onto their property are obligated to warn them of known hazardous conditions, especially hazards a guest wouldn’t otherwise recognize. If you were injured because your host failed to warn you of a condition they knew about, you may have grounds for a premises liability claim. The specific details of how and where the injury occurred will shape whether a claim is viable.
I Was Attacked at an ATM. Is That a Premises Liability Claim?
In many cases, yes. Banks have a responsibility to provide reasonable security for customers using ATMs on their property. Whether a claim holds up typically depends on whether the attack was foreseeable, often based on a history of prior incidents at that location. If a pattern of criminal activity existed and the bank failed to respond with adequate security, it may bear liability for the harm you suffered.
How Long Do I Have to File a Premises Liability Claim in Colorado?
Most injury victims have two years from the date of the accident under Colorado’s statute of limitations. If your injury occurred on government-owned property, the 182-day written notice requirement applies, and missing it can eliminate your right to sue. Beyond the legal deadlines, evidence like surveillance footage can disappear within days of an incident. Consulting a Colorado Springs premises liability attorney as soon as possible after your injury is strongly advised.
What Should I Do Immediately After Being Injured on Someone Else’s Property?
Seek medical attention first, even if your injuries seem minor. Then document the scene with photos, collect names and contact information from any witnesses, and report the incident to the property owner or manager in writing. Preserve any clothing or footwear you were wearing. Don’t give recorded statements to the property owner’s insurance company before speaking with an attorney. The steps you take in the hours and days after an injury can significantly affect your ability to pursue compensation.
Contact a Colorado Springs Premises Liability Attorney Today
If your situation isn’t covered above, contact our office directly to discuss your case. We handle premises liability claims on a contingency basis, which means you pay no attorney fees unless we recover compensation for you. We can review the facts of your case, tell you whether a premises liability claim is viable, and explain what your next steps should be.
Call (719) 602-5888 to schedule your free consultation today.
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