What a property owner owed you
The Premises Liability Act ties your rights to the reason you were on the property. It puts each person on someone else’s land in one of three categories: trespasser, licensee, or invitee. The statute’s invitee is a person there to do business both parties have an interest in, or a person who came because the owner made clear the public was welcome.
Invitees get the most protection. An invitee can recover when the owner unreasonably failed to take reasonable care against a danger the owner knew of, or should have known of.
A licensee faces a harder test. The Act counts a social guest as a licensee, and a licensee can generally recover only for dangers the owner actually knew about (C.R.S. 13-21-115(4)(b)).
Under C.R.S. 13-21-115(4)(c)(II), actual knowledge is also required for an invitee on land classified for property tax purposes as agricultural or vacant. A judge, looking at the facts, decides which category fits you.
How long do you have to act?
A negligence claim over a home’s condition is a tort claim, and tort claims generally have two years in Colorado under C.R.S. 13-80-102(1)(a). The same two years generally apply to a strict liability claim against a heater’s maker (C.R.S. 13-80-102(1)(b)).
In a collision case, 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)). That longer period generally doesn’t carry over to a strict liability claim about a defective part of the vehicle, which keeps the two-year limit (C.R.S. 13-80-101(1)(n)(II)).
Those periods generally begin running on the date you knew, or reasonably should have known, about both the burn and its cause (C.R.S. 13-80-108(1)).
A much shorter step applies to government defendants. When the responsible party may be a public entity or one of its employees on the job, Colorado’s rule is that written notice must be filed within 182 days after you discover the injury, even if you don’t yet know every element of the claim. Missing that notice forever bars the claim (C.R.S. 24-10-109(1)).
Separate rules can also change how a deadline runs for a child. Because so much turns on the facts, ask a lawyer to confirm your deadline early.
If the adjuster says the fire was partly your fault
Under Colorado’s comparative negligence statute (C.R.S. 13-21-111), a negligence claim survives as long as your share of the fault stays below the share of the party you’re pursuing. The court then reduces your damages by your percentage. When your share is equal to theirs or greater, the defendant wins and you recover nothing.
Picture a jury deciding you were 30 percent at fault for setting a heater near a blanket and a landlord 70 percent at fault for wiring that overheated. Your damages would drop by 30 percent. That’s one reason to answer an adjuster’s questions about the night of the fire with care.
The $1.5 million noneconomic limit
Colorado caps non-economic damages in an injury case for claims arising on or after January 1, 2025, at $1.5 million. Pain and suffering falls in that category.
Medical malpractice and wrongful death claims follow different rules. Starting January 1, 2028, the $1.5 million limit is adjusted for inflation.
The noneconomic limit applies to only some damages. Your medical costs and lost income aren’t part of it (C.R.S. 13-21-102.5(3)). Under C.R.S. 13-21-102.5(5), it also doesn’t limit compensatory damages for physical impairment or disfigurement, which may apply to a hand that no longer closes the way it did.