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Premises Liability Claims FAQ

Posted by Michael P. Kane | Jan 16, 2025 | 0 Comments

We are in the depths of winter here in Colorado and that means snow and ice - both on the roadways and properties. And consequently, there is an increase of injuries caused by slick conditions. We field numerous slip and fall (i.e. premises liability) calls from potential clients who have been hurt on someone else's property. Here is an FAQ based on the most common questions we receive. For additional information and an explanation of Colorado's Premises Liability Act, see our post here

How long do I have to bring a claim for a slip and fall in Colorado? The Statute of Limitations for premises liability claims is two years from the date of injury. Which means you will either need to resolve your case or file a lawsuit against the property owner and/or their agents within two years.

Who are the potential defendants in a premises liability case? In Colorado, "landowner" is defined as an authorized agent or a person in possession of real property and a person legally responsible for the condition of real property or for the activities conducted or circumstances existing on real property. That includes the property owner (personal or business), the property management company and/or a maintenance company charged with upkeep of the property (i.e. a snow removal company). 

A shopping cart in a grocery store

I was injured when I slipped on someone's sidewalk, do I have a claim? Maybe, but only if it can be shown the landowner actually knew there was a dangerous condition and unreasonably failed to exercise reasonable care with respect to the danger. The answer to this question presumes you were not on the sidewalk for business purposes and were merely walking on the sidewalk for your own convenience and interests. 

The grocery store's parking lot was not plowed and I fell on my way in, do I have a claim? Here, as opposed to the previous question, the chances of bringing a claim are higher since business guests are considered "invitees" under the Premises Liability Act. But, you still must show the landowner failed to exercise reasonable care to protect against dangers he knew or should have known about. 

Other than slip and fall accidents, what other injuries are included in premises liability cases? In short, any injury on the property of another could qualify as a premises liability case. Examples include: swimming pool accidents; items falling on a customer in a retail store; retail store employees injuring a customer; fitness center accidents; fire or explosion accidents; escalator malfunctions causing injury; and electrocutions on someone's property.

What damages am I entitled to in a premises liability case in Colorado? Victims of injury on the property of another are allowed to claim identical damages as any other personal injury case. Those include: economic (medical bills, lost wages etc); noneconomic (pain & suffering); and physical impairment (loss of function due to the injury). See our post here for a detailed explanation of personal injury damages in Colorado.

In sum, premises liability cases are usually more challenging and complex than a car accident case. If you have been injured from a slip and fall or other injury on someone's property, it is essential you consult with an experience personal injury attorney well versed in these claims. If you have additional questions, please contact us at 303-919-7777 for a free initial consultation.   

About the Author

Michael P. Kane

Mike Kane is a Colorado personal injury attorney specializing in car accidents, truck accidents and catastrophic personal injury litigation. He also represents victims of sexual assault against institutions and individuals. Mr. Kane has spent his entire career helping the vulnerable fight back against the powerful. A third-generation lawyer and Colorado native, he is a former US Marine who served a tour in support of Operation Iraqi Freedom.

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