How to Prove Negligence in a Slip and Fall in Denver Under Colorado’s Premises Law

This page provides general information only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Always consult a licensed attorney for advice specific to your situation.

Colorado Uses a Premises Law Instead of Plain Negligence

Colorado’s Premises Liability Act covers injuries on another person’s property caused by the property’s condition or by activities or circumstances on it. In those cases, the statute says the landowner “is liable only as provided in subsection (4) of this section” (C.R.S. 13-21-115).

That means the general four-part negligence checklist isn’t the whole test here. The question becomes which standard in the statute applies to you and whether the owner fell short of it.

“Landowner” is broader than it sounds. It includes an authorized agent, a person in possession of the property, and a person legally responsible for its condition, so a business renting a space can be the responsible party.

Step 1: Show Why You Were on the Property

Your reason for being there decides which standard applies. The court makes that call, using the statute’s definitions (C.R.S. 13-21-115(6)):

Status	Who it covers	What you can recover for
Invitee	Someone there to do business both sides are interested in, or in response to the owner’s invitation to the public, like a store customer	The owner’s unreasonable failure to use reasonable care against dangers the owner actually knew about or should have known about
Licensee	Someone there with permission for their convenience or interests, including a social guest	The owner’s unreasonable failure to use reasonable care about dangers it created and actually knew about, or to warn of dangers it didn’t create that aren’t normal for that type of property and that it actually knew about
Trespasser	Someone there without the owner’s consent	Only damages the owner caused willfully or deliberately

Falls in stores, restaurants, and other businesses open to the public usually involve invitees. A fall at a friend’s house usually involves a licensee.

Step 2: Show What the Owner Knew or Should Have Known

For an invitee, the key phrase is “actually knew about or should have known about” (C.R.S. 13-21-115(4)(c)). You don’t always need proof the owner saw the hazard. Evidence of how long the danger was there or how easy it was to see may help show the owner should have known about it.

For a licensee, the bar is higher. The statute uses “actually knew about,” so evidence of what the owner was told or saw becomes more important.

If the property is classified for tax purposes as agricultural or vacant land, an invitee also has to show the owner actually knew about the danger.

Step 3: Gather the Evidence That Shows It

Proof of knowledge usually comes from small details collected early. These can help:

• Photos of the exact spot, the hazard, and the lighting, taken as soon as you’re able.
• The name of the manager or employee you reported the fall to, and a copy of any incident report.
• Names and phone numbers of anyone who saw the fall or the hazard before it.
• Security video may not be kept long, so ask about it early.
• The shoes and clothes you wore, kept as they were.
• Medical records that connect your injury to the fall.
• Signs the problem was known: earlier complaints, a leak that kept coming back, or a mat that was always bunched.

For ice and snow falls, the weather and the time since the last snowfall can also help show how long the danger was there. You can find more on these cases in our guide on whether a slip and fall lawsuit is worth it.

Step 4: Be Ready for Questions About Your Share of Fault

The property owner may argue you should have seen the hazard. Colorado’s comparative negligence statute applies to premises cases (C.R.S. 13-21-115(3)).

Under that statute, your damages are reduced by your share of fault, and you recover nothing if your share is equal to or greater than the owner’s (C.R.S. 13-21-111). Details like dim lighting, a hazard hidden by a display, or a distraction the store created can matter here.

Deadlines for a Denver Slip and Fall Claim

Most slip and fall lawsuits in Colorado have to be filed within two years. The statute covers “tort actions, including but not limited to actions for negligence” (C.R.S. 13-80-102).

If your claim is against a city, county, or other public entity, written notice is due “within one hundred eighty-two days after the date of the discovery of the injury” (C.R.S. 24-10-109). We explain both deadlines in how long you have to sue after a Denver slip and fall.

Talk to a Denver Slip and Fall Lawyer

If you were hurt in a fall, our Denver slip and fall lawyers can help work out your status on the property, what the owner knew, and what evidence still exists. For a sense of how these claims are valued, see average slip and fall settlement amounts in Colorado.

The consultation is free, and there’s no fee unless we win. That phrase covers the attorney’s fee, and case expenses are handled under the terms of your written agreement. Call (303) 209-9395 to get started.

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Written by CGH Injury Lawyers.

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