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Commerce City Premises Liability Lawyers Who Hold Negligent Property Owners Accountable

Commerce City's warehouses, retail strips, distribution centers, and aging commercial corridors create real hazards for workers, shoppers, and visitors every day. When a property owner's failure to maintain safe conditions puts you on the ground, Colorado's Premises Liability Act gives you the right to hold them responsible. CGH Injury Lawyers serves Commerce City and Adams County from our Denver office. No fee unless we win.

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Commerce City's industrial warehouses, grocery stores, big-box retailers, apartment complexes, and aging commercial properties generate a steady stream of premises liability claims in Adams County. When a property owner ignores a hazard and you get hurt, the Colorado Premises Liability Act (C.R.S. 13-21-115) decides who is responsible and what they owe you.

  • The Colorado Premises Liability Act (C.R.S. 13-21-115) ties an owner's duty of care directly to your status at the time of injury: invitee, licensee, or trespasser. Customers at Commerce City stores and shoppers at retail centers are typically invitees, who are owed the highest duty of care.
  • A property owner does not need to have actual knowledge of a hazard to be liable. Under Colorado law, constructive notice applies when the owner should have discovered the dangerous condition through reasonable inspection. This matters most when a store denies knowing about a spill or broken surface.
  • Most premises liability lawsuits in Colorado must be filed within two years of the date of injury under the general tort statute of limitations (C.R.S. 13-80-102). Claims involving a government-owned property require a formal written notice of claim within 182 days of discovering the injury (C.R.S. 24-10-109(1)).

CGH Injury Lawyers represents injured people in Commerce City and across Adams County from our Denver office. We investigate the hazard, establish what the property owner knew or should have known, and build your claim to its full value, from emergency care through future medical costs and lost wages. Free first consultation, no fee unless we win.

The governing law

What the Colorado Premises Liability Act means for Commerce City injury victims

The Colorado Premises Liability Act, codified at C.R.S. 13-21-115, is the statute that governs nearly every slip-and-fall, trip-and-fall, negligent security, and property-condition injury in the state. It replaced older common-law rules with a framework that links the owner's legal duty directly to why you were on the property and what the owner knew or should have known about the danger that hurt you.

The Act covers private and commercial property throughout Colorado, including the warehouses and distribution centers along I-270 and Vasquez Boulevard, the retail stores and grocery outlets on Brighton Boulevard and East 72nd Avenue, the apartment complexes across Commerce City's residential neighborhoods, and the parking lots and common areas that serve them all. Landlords, property management companies, retailers, and business owners are all subject to the Act.

Government-owned properties present additional complexity. When a hazardous condition exists on property owned or controlled by a public entity, the Colorado Governmental Immunity Act (C.R.S. 24-10-101 and following) may apply, imposing a short 182-day notice requirement and separate damages caps. Missing that notice deadline usually bars the claim entirely.

Your visitor status

Invitee, licensee, or trespasser: how Colorado law classifies Commerce City property visitors

The duty a Commerce City property owner owes you depends on why you were on the property. Colorado law divides visitors into three categories, each carrying a different level of protection. Your status at the moment of injury is one of the first things an insurer will dispute, and the answer can determine whether your claim succeeds.

  1. Invitees (highest duty of care)

    Invitees enter the property for a purpose that benefits the owner or under a general invitation to the public. Commerce City grocery shoppers, warehouse delivery recipients, gas station customers, and retail center visitors are typically invitees. Owners must actively inspect for hazards, repair dangerous conditions, warn of known dangers, and take reasonable precautions to keep the property safe. They cannot simply wait for someone to report a problem.

  2. Licensees (limited duty)

    Licensees enter with permission but for their own purposes, such as social guests at a private residence or apartment. Owners must warn licensees about known dangers but are not required to actively inspect for hazards they do not already know about. In apartment settings along Commerce City's residential streets, licensees include visiting friends and family.

  3. Trespassers (minimal duty)

    Trespassers enter without permission and are owed very limited duties. Owners cannot intentionally set traps or cause harm to trespassers, but they have no general obligation to warn about or fix hazards. An exception applies for child trespassers under the attractive nuisance doctrine, which requires extra care around inherently attractive features such as pools, construction equipment, and machinery.

Visitor status is not always fixed. A customer who wanders into an employees-only storage area of a Commerce City retailer may lose invitee status at the moment they cross that boundary. A delivery driver entering a warehouse in a permitted area remains an invitee for that purpose. Because status is determined fact by fact and moment by moment, it is often the first thing an insurer challenges, and why the exact circumstances of your entry and your reason for being on the property matter from the very beginning of a claim.

Notice and duty

What property owners in Commerce City knew, or should have known

In most premises liability cases, the property owner will say they did not know about the hazard. Colorado law does not require you to prove they had actual knowledge. Constructive notice, meaning what an owner should have known through reasonable care and inspection, is enough to establish liability for invitees.

How constructive notice is proven in Commerce City cases

Constructive notice turns on evidence about the hazard itself, not the owner's claims of ignorance. Factors courts examine include:

  • How long the condition existed before the injury. A spill in a Commerce City grocery aisle that sat for 45 minutes is treated very differently from one that appeared seconds before a fall. Surveillance footage is often the deciding piece of evidence.
  • Where the hazard was located. A broken floor tile at the entrance to a warehouse or a cracked parking lot surface in a high-traffic delivery bay is far more likely to trigger constructive notice than a defect hidden in a rarely used area.
  • The owner's inspection records. Stores and warehouses with systematic safety sweep logs have a stronger defense than those that cannot produce any inspection records at all. Absence of records often helps a claim.
  • Prior complaints and incident reports. If the same hazard injured someone before or was reported in writing, the owner is on notice. We subpoena those records when owners refuse to produce them voluntarily.

In Commerce City's industrial and commercial properties, winter ice and snow on loading docks, parking lots, and entryways is a recurring category of constructive notice claims. Colorado courts recognize that owners cannot continuously remove ice during an active storm, but once precipitation ends, they must take reasonable steps within a reasonable time to clear walkways and exterior surfaces used by customers and workers.

Where these injuries happen

Common premises liability settings in Commerce City and Adams County

Commerce City's particular mix of industrial facilities, big-box retail, apartment housing, and aging commercial strips creates predictable hazard patterns. These are the property settings we see most often in Adams County premises cases.

Commercial and warehouse property

  • Unsalted loading docks and entry ramps at the distribution centers along Vasquez Boulevard and I-270
  • Spills, debris, and wet floors inside grocery outlets and big-box retailers on Brighton Boulevard and East 72nd Avenue
  • Cracked or broken concrete in high-traffic parking lots serving Commerce City retail centers and event venues near Dick's Sporting Goods Park
  • Inadequate lighting in large warehouse facilities and distribution center parking areas

Residential and mixed-use property

  • Dark stairwells, broken handrails, and unlit common areas in Commerce City apartment complexes
  • Neglected laundry rooms, fitness areas, and parking structures in multi-unit residential buildings
  • Negligent security at apartment buildings and commercial properties where prior criminal incidents made an assault foreseeable
  • Accumulated ice and snow on exterior walkways, steps, and parking lots that remain uncleared well after a storm ends

Negligent security is a premises liability claim in Colorado. When a property owner knows that prior criminal incidents have occurred on or near their property, they may have a duty to provide working locks, adequate exterior lighting, monitored access points, or on-site security. That duty is especially relevant in Commerce City areas where high-volume commercial foot traffic or late-night industrial operations create foreseeable security risks.

How it works

How we handle your Commerce City premises liability case from start to finish

A premises case is built on evidence that disappears fast. Surveillance footage is overwritten, inspection logs vanish, and witnesses move on. We move quickly to preserve everything, then build the claim as if it will be tried in Adams County District Court in Brighton.

  1. Free case review

    We review where the injury happened in Commerce City or Adams County, your visitor status, the nature of the hazard, and the fault picture. We tell you honestly what your claim is worth and what defenses the property owner is likely to raise. This costs you nothing and commits you to nothing.

  2. Secure the evidence before it disappears

    We move immediately to preserve surveillance footage, incident and inspection reports, maintenance records, and any prior complaints about the same condition. In Commerce City retail stores and warehouses, cameras often overwrite footage within 24 to 72 hours. Early action can be the difference between a strong claim and one without proof of how long the hazard existed.

  3. Document the full medical picture

    We build the complete medical record from your initial treatment through all follow-up care, physical therapy, and any long-term or permanent injury. Fall injuries frequently produce spinal fractures, traumatic brain injuries, broken hips and wrists, and soft-tissue damage that worsens over weeks. If you were treated at HCA HealthONE North Suburban Medical Center or the UCHealth Commerce City emergency room, those records form the foundation of your damages claim.

  4. Establish notice and duty

    We reconstruct the timeline of the hazard, identify what the property owner knew or should have known, and document whether they met the duty of care owed to you under C.R.S. 13-21-115. Proving constructive notice is where most premises cases are won or lost, and we pursue every available avenue of proof including witness testimony and subpoenaed records.

  5. Demand and negotiate from trial readiness

    We calculate the full value of your claim across all categories of damages and negotiate from a position of genuine trial readiness. Property owners and their insurers respond differently when they know an attorney is prepared to try the case.

  6. File in Adams County District Court if needed

    If the property owner's insurer refuses to pay a fair amount, we file in Adams County District Court at the Adams County Justice Center, 1100 Judicial Center Dr., Brighton, CO 80601, in the 17th Judicial District, and present your case to an Adams County jury.

Local knowledge

Commerce City courts. Adams County trauma care. The properties where slip and fall injuries happen.

A Commerce City premises liability case lives in Commerce City: the property where the injury happened, the hospital that treated you, and the courthouse where your case may be filed. Here is the ground we work on.

Courthouse

Adams County District Court, 17th Judicial District

A Commerce City premises liability lawsuit is filed in Adams County District Court at the Adams County Justice Center, 1100 Judicial Center Dr., Brighton, CO 80601, in the 17th Judicial District. The local jury pool, local procedural rules, and the defense firms you face differ from those in other Front Range counties. CGH Injury Lawyers handles Adams County District Court cases directly from our Denver office. CGH Injury Lawyers does not have a Commerce City office: we serve Adams County from Denver and file where your case belongs.

Trauma Care

HCA HealthONE North Suburban Medical Center (Level II Trauma Center) and UCHealth Commerce City ER

HCA HealthONE North Suburban Medical Center is the Level II Trauma Center designated by the Colorado Department of Public Health and Environment in Adams County. Patients with serious fall injuries, including hip fractures, spinal trauma, and traumatic brain injuries, may be transported there for definitive care. UCHealth also operates a freestanding emergency room in Commerce City for less severe injuries, though it does not hold a trauma designation. Medical records from either facility document the scope of your injuries and anchor your damages claim.

Where Premises Injuries Happen in Commerce City

Retail corridors, warehouse facilities, apartment complexes, and event venues

Commerce City is an industrial and residential community in Adams County whose commercial character creates specific premises hazard patterns. Brighton Boulevard hosts grocery stores, gas stations, and retail outlets that see heavy daily foot traffic. The distribution center ring along Vasquez Boulevard and I-270 generates high-volume pedestrian and delivery traffic on loading docks, ramps, and parking areas. Apartment complexes concentrated throughout the city's residential neighborhoods produce stairwell, common-area, and parking lot claims. Dick's Sporting Goods Park at 6000 Victory Way and the surrounding event parking generate large event-day crowds, increasing the risk of injuries in temporary or poorly maintained crowd areas. Police response for property injuries in Commerce City comes from the Commerce City Police Department or the Adams County Sheriff's Office depending on location.

What you can recover

Compensation and comparative fault in Commerce City premises liability cases

Colorado law allows an injured person to recover the documented financial costs of the injury and the human cost of living with it. The question is whether any fault is attributed to you and what insurance is available to pay.

Economic damages (no cap)

  • Emergency room treatment, surgery, and hospitalization
  • Follow-up care, physical therapy, and rehabilitation
  • Future medical expenses and long-term care costs
  • Lost wages and lost earning capacity
  • Out-of-pocket expenses tied to the injury

Non-economic damages

  • Pain and suffering
  • Permanent disability and disfigurement (not capped)
  • Loss of enjoyment of life
  • Emotional distress
  • In fatal cases, funeral costs and loss of companionship

Damages caps that apply to premises liability cases

Economic damages have no cap in Colorado. Non-economic damages such as pain and suffering are capped under C.R.S. 13-21-102.5. For claims accruing on or after January 1, 2025, the cap is $1,500,000. Damages for physical impairment or disfigurement are not capped at all, which matters most in serious fall cases involving hip fractures, spinal cord injuries, and permanent loss of mobility. Economic damages in serious cases often exceed the non-economic cap because future care and lost earning capacity are calculated over years or decades.

Comparative fault in Commerce City premises cases

Colorado follows a modified comparative negligence rule under C.R.S. 13-21-111. You can recover damages as long as you were less than 50 percent at fault for the injury. If you are found 30 percent at fault, your recovery is reduced by 30 percent. If you are found 50 percent or more at fault, you recover nothing. Property owners and their insurers routinely try to inflate a claimant's share of fault by arguing they were not watching where they were going, chose an obviously dangerous path, or ignored visible warnings. We counter those arguments with evidence about the hazard's location, visibility, the owner's inspection history, and what a reasonable person would have expected in that specific setting.

Claims against government-owned property in Commerce City

If the hazardous property is owned or controlled by a public entity, such as a City of Commerce City facility or Adams County property, you must serve a formal written notice of claim within 182 days of discovering the injury under C.R.S. 24-10-109(1). This clock runs from the date you discovered the injury, not necessarily the date it occurred. Missing this deadline almost always bars the entire claim, with very limited exceptions. Separate damages caps under C.R.S. 24-10-114 also apply to public-entity defendants.

What the other side will argue

Defenses property owners raise in Commerce City premises cases and how we answer them

Owners and their insurers in Adams County rely on a short list of defenses to reduce or deny valid claims. Understanding how each one actually works under the Colorado Premises Liability Act is how we keep your case alive.

  1. "The hazard was open and obvious"

    Colorado courts apply the open-and-obvious defense narrowly. A hazard that is unreasonably dangerous, or one that a reasonable invitee would not see because they were distracted by product displays or signage, can still create liability even if it was technically visible. In Commerce City retail stores where merchandise, signage, and promotional displays compete for a shopper's attention, the open-and-obvious argument often fails against an experienced premises liability attorney.

  2. "We did not know about the hazard"

    Actual knowledge is not required for invitees. The question is whether the owner should have known through reasonable inspection, which is constructive notice. We answer this argument with surveillance footage showing how long the condition existed, the absence of inspection records, prior complaints, and testimony about the owner's inspection practices. In Commerce City warehouses and distribution facilities, the size and complexity of the operation does not excuse the absence of systematic safety checks.

  3. "You were not paying attention"

    This is a comparative fault argument under C.R.S. 13-21-111. Insurers try to inflate your percentage of fault to reach the 50-percent bar that eliminates your recovery, or to reduce the payout significantly. We respond with evidence about the hazard's location relative to normal pedestrian paths, the lighting conditions, the visibility of the danger, and what the specific environment would lead a reasonable person to expect. A shopper in a Commerce City grocery aisle is not expected to scan the floor for liquid while simultaneously reading package labels.

  4. "You signed a waiver"

    Liability waivers are sometimes enforceable in Colorado, but they must be clear, specific, and conspicuously presented. Waivers that attempt to exclude liability for gross negligence or intentional conduct are generally unenforceable. In gym, recreational facility, and event-venue settings near Dick's Sporting Goods Park, waivers are common. Whether they cover the specific hazard and conduct that caused your injury is a fact-specific question we examine carefully.

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Your team

The team handling your Commerce City premises liability case

CGH Injury Lawyers is a eight-attorney Colorado firm founded in 2016, formerly Cheney Galluzzi and Howard. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has tried over 25 cases to verdict. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. Every Commerce City premises liability case is handled by a licensed Colorado attorney, not a paralegal. CGH Injury Lawyers does not have a Commerce City office: we serve Commerce City and all of Adams County from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205, and file your case in Adams County District Court at the Adams County Justice Center in Brighton when litigation is required.

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Frequently asked questions

Commerce City premises liability cases, frequently asked questions

How long do I have to file a premises liability claim after an injury in Commerce City?

For most premises liability cases in Commerce City involving a private property owner, Colorado's general tort statute of limitations gives you two years from the date of injury to file a lawsuit (C.R.S. 13-80-102). If the property was owned or controlled by a government entity such as the City of Commerce City or Adams County, you must first serve a formal written notice of claim within 182 days of discovering the injury under the Colorado Governmental Immunity Act (C.R.S. 24-10-109(1)). Missing the CGIA notice deadline almost always bars the claim entirely. Do not wait: surveillance footage is often overwritten within days, and evidence disappears quickly. Contact an attorney as soon as possible after your injury.

Can I recover if I was partly at fault for slipping or tripping in Commerce City?

Yes, as long as your share of fault is less than 50 percent. Colorado follows a modified comparative negligence rule under C.R.S. 13-21-111. Your award is reduced by your percentage of fault. If you are found 25 percent at fault in a Commerce City slip-and-fall case, you recover 75 percent of your total damages. If you are found 50 percent or more at fault, you recover nothing. Property owners and their insurers routinely try to push your fault percentage up. We push it down with evidence about the hazard's location, the owner's inspection record, and what a reasonable person would have expected in that environment.

Where would my Commerce City premises liability lawsuit be filed?

A premises liability lawsuit arising from a Commerce City injury is filed in Adams County District Court at the Adams County Justice Center, 1100 Judicial Center Dr., Brighton, CO 80601, in the 17th Judicial District. CGH Injury Lawyers handles Adams County District Court cases directly from our Denver office. We do not have a Commerce City office. Most cases settle before a lawsuit is filed, but knowing where your case would be tried shapes the negotiation from the beginning.

Does a store or warehouse owe me a duty of care if I was a customer in Commerce City?

Yes. As a customer, you are an invitee under the Colorado Premises Liability Act (C.R.S. 13-21-115), and invitees are owed the highest duty of care. The store or warehouse must actively inspect for hazards, repair dangerous conditions within a reasonable time, and warn you about known dangers. They cannot wait for someone to report a problem. If they fail to meet that standard and you are hurt, they may be liable for your injuries.

The property owner says the hazard was obvious. Does that end my Commerce City claim?

Not necessarily. Colorado courts apply the open-and-obvious doctrine narrowly. A hazard that is unreasonably dangerous despite being visible, or one located in a spot where a reasonable invitee would not be looking at the floor, can still support a premises liability claim. In Commerce City retail stores and distribution centers where products, signage, and task-focused activity compete for a visitor's attention, the open-and-obvious argument is frequently used and frequently defeated. Whether it applies to your specific situation is a fact-specific analysis we conduct at the start of every case.

What compensation can I recover in a Commerce City premises liability case?

Colorado law allows recovery for past and future medical expenses, lost wages, lost earning capacity, pain and suffering, disability, disfigurement, and loss of enjoyment of life. Economic damages such as medical bills and lost wages are not capped. Non-economic damages are capped at $1,500,000 for claims accruing on or after January 1, 2025 (C.R.S. 13-21-102.5). Damages for physical impairment or disfigurement are not capped at all. In fatal cases, families can also recover for funeral expenses and loss of companionship. We calculate every category before any settlement is discussed.

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Read next: How Colorado premises liability law works

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