Landlords, homeowners and the Premises Liability Act
What a property owner owed a burned child or adult depends on why that person was there. The Act recognizes three statuses. A trespasser is on the land without consent. A licensee is there for their own purposes with the owner's permission. A social guest counts as a licensee. By contrast, an invitee enters for business both sides have an interest in, or because the owner represented that the public was expected to come in.
Invitees are owed the greatest care, and the Act lets them recover when a landowner unreasonably fails to protect them from a danger it knew of or should have known of. A licensee is generally held to proof that the owner really knew the hazard existed (C.R.S. 13-21-115(4)(b)). If the land is classified for property tax purposes as agricultural or vacant, an invitee also has to prove actual knowledge (C.R.S. 13-21-115(4)(c)(II)). The court, applying the Act's definitions, decides which status applies (C.R.S. 13-21-115(6)).
When someone says the family shares the blame
In a negligence claim, C.R.S. 13-21-111 lets a burned person whose negligence was less than the defendant's still recover, with the damages reduced by that person's percentage. If the burned person's share is equal to or greater than the defendant's, judgment goes to the defendant.
For example, if a jury put 10 percent of the fault for a scald on the injured person and 90 percent on a landlord who ignored repeated complaints about scalding water, the damages would be reduced by 10 percent.
Deadlines for a family's claim
Colorado generally requires negligence and premises lawsuits to be filed within two years of accrual (C.R.S. 13-80-102(1)(a)); the same period covers strict liability claims over defective products (C.R.S. 13-80-102(1)(b)). In a family car wreck, tort claims arising out of the use or operation of a motor vehicle generally have three years (C.R.S. 13-80-101(1)(n)). By contrast, a strict liability claim against the manufacturer of a defective vehicle part generally still falls under the two-year period (C.R.S. 13-80-101(1)(n)(II)).
For those periods, a claim generally accrues once a reasonably diligent person would have known about both the injury and its cause (C.R.S. 13-80-108(1)). When the injured person is a child, separate rules can change how the deadline runs.
For a public entity or one of its employees on the job, written notice must be filed within 182 days after you discover the injury, regardless of whether you know all the elements of the claim at that point. Colorado law says a failure to comply will "forever bar" the action (C.R.S. 24-10-109(1)).
Because the deadline depends on who is responsible, how the burn happened and who was hurt, have a lawyer confirm the date for your family's claim.
What the damages cap covers
A $1.5 million cap applies to noneconomic damages for claims arising on or after January 1, 2025. That category includes pain and suffering, inconvenience and emotional stress. Medical malpractice and wrongful death claims are governed by different provisions, and the figure is scheduled to be adjusted for inflation starting January 1, 2028.
The limit applies to noneconomic damages only, so a family's economic losses, hospital bills and missed paychecks among them, aren't capped by it (C.R.S. 13-21-102.5(3)). Subsection (5) adds a second carve-out for compensatory damages for physical impairment or disfigurement, which the section doesn't restrict at all. Scarring may be compensated as disfigurement.