Lakewood Premises Liability Lawyers Who Make Property Owners Answer

The deadline is generally two years from the date of injury under C.R.S. 13-80-102. Exceptions exist for claims involving minors and injuries not immediately discoverable, but these exceptions are narrow. If the property is owned by a government entity, such as a public park or county building in Jefferson County, you must file a written notice of claim within 182 days of discovering the injury under the Colorado Governmental Immunity Act (C.R.S. 24-10-109). Missing either deadline normally ends the case permanently.

Premises liability cases arising in Lakewood are filed in Jefferson Combined Court (Jefferson County District Court) at 100 Jefferson County Parkway, Golden, CO 80401, in the 1st Judicial District. Most claims settle before a lawsuit is filed, but the courthouse where a case would be tried affects local procedure, the jury pool, and which defense firms and judges are involved. We handle Jefferson County cases directly from our Denver office.

Potentially yes. The key question is whether the owner had actual or constructive notice of the icy condition and failed to address it within a reasonable time. Lakewood's Chinook wind events create black ice after precipitation has stopped, so the ongoing-storm doctrine, which gives owners protection during active snowfall, may not apply. If the ice had been there long enough that a reasonable inspection would have found it, or if the same area regularly ices over and the owner had not treated it, you may have a viable claim. The specific facts of how long the ice existed and what the owner knew or should have known are what determine liability.

Yes, as long as you were less than 50 percent at fault. Under Colorado's modified comparative negligence rule (C.R.S. 13-21-111), your recovery is reduced by your percentage of fault. If you are 20 percent at fault, you recover 80 percent of your damages. If you are found to be 50 percent or more at fault, Colorado law bars any recovery. Insurance adjusters routinely try to assign more fault to you than the evidence supports, which is exactly why having an attorney before making any statement matters.

No. You must prove the owner knew or should have known about the dangerous condition and failed to take reasonable action. As an invitee, such as a shopper or customer, the owner owes you the highest duty of care under Colorado's Premises Liability Act (C.R.S. 13-21-115), including active inspection and prompt repair. But you still have to establish that the hazard existed, that the owner had actual or constructive notice, and that their failure to act caused your injury.

For claims accruing on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1.5 million under C.R.S. 13-21-102.5, with inflation adjustments starting in 2028. Lower, inflation-adjusted caps apply to older claims based on the date the claim accrued. Economic damages like medical bills and lost wages are never capped, and compensation for physical impairment or disfigurement is also not subject to the cap under C.R.S. 13-21-102.5(5).

As a tenant or guest, you are likely an invitee or licensee in the common areas of your building, such as stairwells, laundry rooms, hallways, and parking structures. The landlord or property management company owes you a duty to inspect and maintain those areas. Broken handrails, burned-out stairwell lighting, ice in an uncleared parking area, or a long-broken door lock that contributed to an assault can all support a premises liability claim against the property owner or manager. Colorado's Premises Liability Act (C.R.S. 13-21-115) applies to residential landlords and property management companies the same as commercial owners.

Negligent security is a form of premises liability. When a property owner knows of foreseeable criminal activity on or near the property and fails to provide adequate lighting, functioning locks, cameras, or security personnel, the owner may be liable for injuries that result from an assault. Prior criminal incidents in the same area establish the foreseeability that puts the owner on notice. Colorado Mills, the Belmar district, and apartment complexes along West Colfax all sit in or adjacent to corridors with documented crime patterns. If the owner ignored those patterns, that failure can support a claim.