Owners, landlords and hosts: C.R.S. 13-21-115
Colorado's Premises Liability Act applies to a "landowner," and the statute's definition reaches a person legally responsible for the condition of real property. That's why a landlord, and not only a title owner, can be responsible for a hazard in a rental.
Three labels exist under the Act. An invitee comes onto the property for business both sides care about it, or because the lanbusiness;downer signaled that members of the public were expected.
Those visitors get the most protection, and a landowner who unreasonably fails to use reasonable care can answer to them for a hazard it actually knew about or should have known about.
A social guest counts as a licensee. For licensees, the owner's actual knowledge of the danger is generally the key (C.R.S. 13-21-115(4)(b)). Trespassers are the third label.
On land classified for property tax purposes as agricultural or vacant, invitees also have to prove actual knowledge (C.R.S. 13-21-115(4)(c)(II)). Which label applies is up to the court, working from the facts as C.R.S. 13-21-115(6) directs.
Time limits for filing
For tort claims it's generally two years, a period that reaches negligence claims about a property's condition (C.R.S. 13-80-102(1)(a)), plus product claims in strict liability (C.R.S. 13-80-102(1)(b)). 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)), though a claim in strict liability over a faulty vehicle part typically keeps the two-year period (C.R.S. 13-80-101(1)(n)(II)).
A claim generally accrues when the injury and its cause are known, or should have been known with reasonable diligence (C.R.S. 13-80-108(1)). For a child, separate rules can change how the two- and three-year deadlines run.
Government property is different. If a public entity or one of its employees on the job is responsible, written notice must be filed within 182 days after you discover the injury.
That's true even before every element of the claim is clear, and a missed notice "shall forever bar" the action (C.R.S. 24-10-109(1)). A lawyer should confirm the deadline for your situation.
Damages limits after a house fire: C.R.S. 13-21-102.5
A $1.5 million ceiling applies to noneconomic damages, the category for pain and emotional stress, for claims arising on or after January 1, 2025. It is adjusted for inflation starting January 1, 2028. Medical malpractice and wrongful death actions follow different rules.
The noneconomic limit applies to only some damages, so it doesn't cap the economic side of a claim, such as hospital bills and lost wages (C.R.S. 13-21-102.5(3)). C.R.S. 13-21-102.5(5) also says nothing in the section limits compensatory damages for physical impairment or disfigurement. Scarring may be compensated as disfigurement.
Fault that's shared: C.R.S. 13-21-111
After a house fire, the other side may argue you overloaded a power strip or left a candle burning. Colorado's comparative negligence statute lets a claim go forward when your negligence was smaller than the landlord's or owner's, with the award reduced by your percentage. A share that equals or exceeds theirs leads the court to enter judgment for the defendant.
For instance, if a jury found a tenant 25 percent at fault for running a space heater near a curtain and the landlord 75 percent at fault for wiring that sparked, the tenant's damages would be reduced by 25 percent.