Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.
Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
A Colorado Springs premises liability lawyer from Springs Law Group represents individuals who are injured due to dangerous or poorly maintained property conditions.
Property owners and businesses have a legal duty to keep their premises reasonably safe, and when they fail to do so, visitors can suffer serious injuries that disrupt daily life and long-term health.
Premises liability cases often involve slip and falls, unsafe walkways, negligent security, or other hazards that could have been prevented with proper care.
Springs Law Group helps injured clients hold negligent property owners accountable and pursue compensation for medical expenses, lost income, and the lasting impact of their injuries.
Under Colorado premises liability laws, property owners have a duty to exercise reasonable care to keep their premises safe for visitors.
When a property owner failed to address a known danger or allowed a hazardous condition to exist, serious injuries can occur. These incidents are often the result of property owner’s negligence, not unavoidable accidents.
Premises liability claims can arise from slip and falls, unsafe stairways, poor lighting, negligent security, or other dangerous conditions that place visitors at risk.
Proving liability requires showing that the property owner knew or should have known about the hazard and did not take appropriate steps to correct it.
Premises liability attorneys investigate the circumstances of the accident, preserve critical evidence, and build a strong personal injury claim on behalf of the injured party.
If you were hurt because a negligent property owner failed to act responsibly, Springs Law Group can help you seek compensation for medical bills, lost wages, and other damages.
When the facts support liability, property owners and businesses can be held liable for the harm their negligence caused.
Contact us today for a free consultation.
You can also use the chat feature on this page to get in touch with our experienced premises liability attorneys today.
In Colorado, premises liability refers to the legal responsibility that a property owner or occupier has when someone is injured on another person’s property due to unsafe property conditions.
The governing statute is the Colorado Premises Liability Act, found at C.R.S. § 13-21-115, which establishes how and when landowners may be held liable for injuries that occur on their property.
Under this law, a property owner or someone like a landlord, property manager, or other person legally responsible for the condition of the land must exercise reasonable care to ensure that the premises are safe and free from hazards that could foreseeably harm others.
To succeed in a premises liability action, injury victims must show that the property owner was negligent in maintaining the property or failed to warn about dangerous conditions that he or she knew about or reasonably should have known about.
That means proving the owner breached their duty by allowing a dangerous condition to remain, and that this breach was a direct cause of the injury.
For example, if a store failed to clean up a spill or repair broken stairs, and someone slipped and fell as a result, that owner may be held responsible if the hazard was foreseeable and unaddressed.
Colorado’s statute also recognizes different duties depending on legal status (invitee, licensee, trespasser), but a common thread is whether the hazard posed a risk of foreseeable harm that could have been prevented through reasonable action or warning.
If a property owner’s failure to act led to a preventable injury, the injured person may be able to recover compensation for medical bills, lost wages, pain and suffering, and other damages.
A thorough investigation in each case helps determine whether the conditions that caused the harm were obvious or whether the owner had actual notice of the danger.
In a premises liability case, responsibility does not fall only on the person who owns the land.
It extends to anyone who controls, manages, or maintains the property.
Colorado law focuses on who had the authority and ability to correct an unsafe condition, not just whose name appears on a deed.
When a dangerous condition exists and causes injury, the party with control over the property may be held legally responsible for the harm that follows.
Identifying the correct responsible party is a critical early step in any premises liability claim.
In many cases, multiple parties may share responsibility, depending on how the property is owned and operated.
Parties commonly responsible for keeping property safe include:
Under Colorado personal injury law, premises liability claims are governed primarily by the Colorado Premises Liability Act, which defines when a landowner or occupier may be held responsible for injuries on their property.
The law focuses on whether the property owner failed to act as a reasonable person would under similar circumstances to prevent foreseeable harm.
Liability often turns on whether the owner had actual knowledge of a dangerous condition or should have discovered it through reasonable inspection and maintenance.
Colorado courts also recognize special rules for children, including the attractive nuisance doctrine, which can impose liability when a hazardous condition is likely to attract children who cannot appreciate the risk.
The injured person must show that the dangerous condition existed, that it posed a foreseeable risk, and that the owner failed to take reasonable steps to fix it or provide an adequate warning.
Property owners frequently defend these cases by arguing the hazard was open and obvious or that they lacked notice of the condition.
Because these cases are fact-intensive and statute-driven, careful documentation and legal analysis are highly important from the start.
The general process for a Colorado premises liability claim includes:
Establishing negligence is the foundation of any premises liability claim in Colorado.
To succeed, the injured person must show that the property owner failed to act reasonably and that this failure directly caused their own injury.
Courts look at whether the hazard was foreseeable, how long it existed, and whether the owner took appropriate steps to fix it or warn visitors.
Proving negligence requires evidence that the dangerous condition was more than a momentary or unavoidable issue.
Once these elements are shown, liability is determined based on how the owner’s conduct compares to the standard of reasonable care.
Negligence may be established in situations such as:
In Colorado, when an injury occurs on another person’s property, a premises liability claim is generally governed by negligence principles and the comparative negligence rules set out in Colorado Revised Statutes § 13-21-111.
Under Colorado’s modified comparative negligence framework, a plaintiff’s damages are reduced in proportion to their own fault if they share responsibility for what happened.
This means that even if an injured person contributed to their injury, such as by not watching where they were walking, they may still recover compensation so long as their share of fault is less than the defendant’s.
Specifically, Colorado law allows an injured person to recover damages only if their negligence is less than that of the property owner or other defendants.
If a jury finds that the injured person’s fault is 50% or more, then they are barred from recovering any compensation at all.
In cases where the injured party is found partly at fault but less than 50% responsible, the total award will be reduced by that percentage; for example, a 20% fault allocation would reduce a $100,000 award to $80,000.
Because premises liability claims often hinge on exactly how a hazard arose, how long it existed, and what conduct led to the injury, comparative fault can be an important factor in deciding how much a property owner must pay.
The defense may attempt to argue that the injured person failed to exercise reasonable care for their own safety, which can significantly diminish the recovery if proven.
Proper legal strategy and evidence presentation can make a massive difference in how fault is allocated and how much compensation an injured victim ultimately receives under Colorado’s comparative negligence system.
Insurance plays a central role in how injured people are compensated in Colorado premises liability cases.
When an injury occurs due to unsafe property conditions on another’s land, the property owner’s liability insurer is typically the first source of recovery, because most owners carry liability insurance to protect against claims arising from accidents on their property.
This type of insurance is often part of a commercial general liability policy for businesses or part of a homeowner’s liability coverage for private residences.
The purpose of such policies is to cover bodily injury and property damage that results from hazards the owner failed to correct or warn about, such as wet floors, uneven walkways, or poor lighting.
Colorado’s Premises Liability Act defines when injuries on property may lead to liability, and that framework typically triggers an insurer’s obligation to investigate and respond to claims.
Under personal injury law, injured individuals can make a claim directly against the owner’s insurer for damages tied to their accident, including medical bills, lost wages, and pain and suffering.
Insurance companies representing property owners often have teams dedicated to handling these claims, and they may attempt to minimize payouts by disputing fault or the severity of injuries.
Evidence such as maintenance records, inspection logs, incident reports, and photos of the hazard itself can be critical in convincing an insurer to acknowledge coverage and pay appropriate benefits.
In some circumstances, multiple insurance policies may apply.
For example, if a tenant’s business caused the hazardous condition in a leased space, both the tenant’s and property owner’s liability policies may be involved.
Similarly, if a government or public entity owns the land, sovereign immunity and unique notice rules can affect how coverage applies but generally do not negate a public entity’s obligation to carry liability protection.
Because arguing a coverage position against a liability insurer can be complicated and insurers are trained to protect their bottom line, working with an experienced attorney can improve your chances of securing the full compensation you deserve.
An attorney can handle communications with insurers, counter low settlement offers, and ensure that every applicable insurance source is pursued effectively so you are not left to cover your own losses.
Premises liability accidents occur when a person is injured because a property was not maintained in a reasonably safe condition.
These incidents are not limited to a single type of hazard and often arise in everyday settings such as stores, apartment complexes, workplaces, and public spaces.
Many injuries happen suddenly, without warning, due to conditions the property owner knew about or should have addressed.
Identifying whether an injury falls within common premises liability cases requires looking at how the hazard developed, how long it existed, and whether the risk was foreseeable.
In many situations, victims do not immediately realize that their injury may be tied to a property owner’s legal obligations.
Understanding how these accidents occur is an important first step in determining whether a valid premises liability claim exists under Colorado law.
Slip and fall accidents are among the most frequently reported premises liability claims and often occur when walking surfaces are improperly maintained.
These accidents commonly result from temporary hazards that property owners fail to address or warn about in a timely manner.
Even a brief lapse in maintenance or supervision can lead to serious injuries.
Common slip and fall hazards include:
Trip and fall injuries occur when a person’s foot strikes an object or uneven surface, causing them to lose balance and fall.
These accidents often involve permanent or semi-permanent hazards that develop over time and are not corrected by the property owner.
Poor visibility and inadequate maintenance frequently contribute to these injuries.
Common trip and fall hazards include:
Negligent security cases arise when a property owner fails to take reasonable steps to protect visitors from foreseeable criminal activity.
These claims often involve inadequate security measures in areas where prior incidents or known risks should have prompted action.
When basic safety precautions are ignored, patrons, tenants, and guests may suffer serious harm.
Common negligent security issues include:
Colorado law treats dog bites and other animal-related injuries as a special category within premises liability because interactions with animals can cause serious physical harm.
Under Colorado Revised Statutes § 13-21-124, a dog owner can be held strictly liable for economic damages if their dog bites someone who is lawfully on public or private property and the injury qualifies as serious bodily injury or death, meaning there is a substantial risk of death, significant permanent disfigurement, or major loss of use of any body part or organ.
Strict liability means the victim does not need to show that the owner was negligent in how they handled the animal; the owner may be held responsible simply because the bite occurred under the statutory conditions.
However, if the injury does not rise to the strict liability threshold, victims can still pursue compensation through a traditional negligence claim by showing the animal’s owner failed to exercise reasonable care in controlling the animal and that the failure caused the injury.
Animal attacks involving other species, such as livestock, exotic pets, or aggressive animals kept by property owners, may also give rise to liability if the animal’s presence or behavior created a foreseeable risk and the owner did not take reasonable steps to prevent harm.
In these cases, liability often hinges on whether the owner or property manager knew or should have known of the animal’s dangerous tendencies and failed to act accordingly.
Swimming pools and amusement parks present unique premises liability risks because they involve inherently dangerous activities that require heightened safety measures.
In Colorado, property owners and operators have a duty to take reasonable steps to protect guests from foreseeable harm, especially where water attractions, rides, or high-traffic recreational areas are involved.
Failures in supervision, maintenance, or safety design can quickly turn recreational settings into sites of serious injury.
When operators cut corners or ignore safety standards, injured visitors may have grounds for a premises liability claim.
Common swimming pool and amusement park–related premises liability incidents include:
Because these environments are designed for public use and often involve children, courts closely examine whether operators followed industry safety standards and local regulations.
When preventable injuries occur, property owners, operators, or managing entities may be held responsible for the resulting harm.
You may qualify for a premises liability lawsuit if you were injured due to unsafe conditions on property owned, leased, or controlled by someone else.
Eligibility generally depends on whether the property owner failed to maintain reasonably safe conditions or warn visitors of known hazards.
Premises liability injuries can occur in stores, apartment complexes, workplaces, hotels, or public spaces, and they often involve hazards that could have been corrected with proper care.
To pursue a claim, the injury must be connected to a specific dangerous condition and supported by evidence such as photographs, witness statements, or incident reports.
Medical documentation linking the injury to the accident is also critical in establishing a valid case.
Even if the property owner disputes responsibility, Colorado law allows injured parties to pursue compensation when negligence can be proven.
At Springs Law Group, premises liability cases are handled on a contingency fee basis, meaning clients pay no legal fees unless compensation is recovered.
A consultation can help determine whether your injury meets the legal requirements for moving forward.
Strong evidence is essential in any premises liability case because property owners and insurers often dispute how an injury occurred.
Evidence helps establish the existence of a dangerous condition, how long it was present, and whether the owner failed to address it.
Timely documentation is especially important, as hazards may be repaired or removed shortly after an incident.
Medical records also play a critical role by linking the injury directly to the unsafe condition.
Together, this evidence forms the foundation for proving negligence and damages.
Common evidence in a premises liability claim includes:
Compensation in a premises liability case is intended to address both the financial losses and personal harm caused by an unsafe property condition.
The amount recoverable depends on the severity of the injury, the impact on daily life, and the degree of fault attributed to the property owner.
Damages may cover immediate costs as well as long-term consequences that affect a victim’s ability to work or function normally.
A thorough damages assessment helps ensure that all losses connected to the injury are accounted for.
Compensable damages may include:
Premises liability injuries can leave lasting physical, financial, and emotional consequences, especially when a property owner’s negligence could have been prevented.
Property owners and their insurers often work quickly to minimize responsibility, making it difficult for injured individuals to protect their rights without legal support.
Springs Law Group provides focused representation for people injured on unsafe property, handling the investigation, evidence development, and insurance negotiations required to pursue full compensation.
If you were injured on someone else’s property in Colorado Springs, contact Springs Law Group to discuss your legal options.
An experienced premises liability lawyer can review your case, explain your rights under Colorado law, and help you take the next step toward financial recovery.
There is no true “average” premises liability settlement because these cases vary widely based on the facts, injuries, and level of negligence involved.
Settlement values depend heavily on the severity of the injury, the cost of medical treatment, whether the injury caused long-term limitations, and how clearly the property owner’s negligence can be proven.
Cases involving minor injuries and quick recovery often resolve for far less than those involving fractures, head injuries, or permanent impairment.
Insurance policy limits and disputes over liability also play a significant role in how cases resolve.
Importantly, Colorado’s comparative negligence rules can reduce a settlement if the injured person is found partially at fault.
An experienced premises liability lawyer evaluates the specific details of a case, rather than relying on averages, to determine what compensation may be reasonable based on comparable outcomes and documented losses.
Liability in a premises liability case is determined by examining whether the property owner or occupier failed to take reasonable steps to keep the property safe.
Courts look at the condition of the property, the owner’s knowledge of the hazard, and whether the injury was foreseeable.
Evidence plays a central role in showing how long the dangerous condition existed and what actions, if any, were taken to correct it.
Once these factors are evaluated, liability is assigned based on the owner’s duty of care under Colorado law.
Factors used to determine liability include:
In Colorado, most premises liability claims must be filed within two years from the date of the injury under the state’s personal injury statute of limitations.
This deadline applies to slip and fall cases, negligent security claims, and other injuries caused by unsafe property conditions.
Claims involving government-owned property may have shorter notice requirements that must be met before a lawsuit can be filed.
Waiting too long can make it harder to gather evidence, locate witnesses, or preserve documentation related to the hazardous condition.
Speaking with a premises liability lawyer early helps ensure your claim is filed correctly and within Colorado’s legal time limits.
In many premises liability cases, you must show that the property owner knew or should have known about the dangerous condition that caused your injury.
This can be proven by showing the owner had actual notice, such as prior complaints or maintenance records, or constructive notice, meaning the hazard existed long enough that a reasonable owner would have discovered it.
Colorado law does not require owners to prevent every possible accident, but it does require them to address foreseeable risks in a reasonable manner.
Evidence such as surveillance footage, inspection logs, and witness testimony is often used to establish notice.
A premises liability lawyer can help determine whether the facts of your case meet this legal standard.
Taking the right steps after a premises liability accident can protect both your health and your legal rights.
Even seemingly minor injuries can worsen over time, and delays can make it harder to prove what caused the accident.
Colorado premises liability claims often depend on early documentation and clear evidence. Following these steps can help preserve your ability to pursue compensation.
Yes, you can still file a premises liability claim if you were injured at a friend’s or relative’s home.
These claims are typically handled through the homeowner’s insurance policy rather than directly against the individual, which helps avoid personal financial strain.
Colorado law applies the same duty of reasonable care to private homeowners as it does to businesses, depending on the circumstances of the visit.
If the homeowner failed to address a dangerous condition they knew or should have known about, a claim may be appropriate.
An attorney can explain how these cases are handled sensitively while still protecting your right to compensation.
Partner
Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.
The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.
Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.
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I was uneasy about reaching out to a law firm after being in an accident that left me injured and my vehicle totaled. I don’t care for the idea of suing for what was very clearly an accident. However, after learning more about the overall process of working with a professional team to navigate the murky waters of the insurance world, I was pleasantly surprised to find that the experience wasn’t as gross as I’d originally felt about it.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
