Colorado Springs Premises Liability Lawyers

Colorado premises-liability law requires proof that the landowner either knew of the dangerous condition or should have known about it through reasonable inspection. That standard depends on why you were on the property. An invitee (like a customer in a store in Briargate or the Broadmoor area) receives the strongest protection—the owner must inspect for hazards. A licensee (social guest) or trespasser receives less protection. The owner must also have had a reasonable opportunity to fix or warn about the danger, or it must have existed for long enough that they should have found it during normal upkeep. Photos, inspection records, prior complaints, and witness testimony help prove what the owner knew.

The deadline depends on the type of property and who is responsible. For injuries on private property, Colorado's standard statute of limitations is two years from the date of injury. However, if a public entity—such as a government building, park, or road maintained by Colorado Springs or El Paso County—is involved, you must file a written notice of claim much sooner, often within 182 days. Missing that deadline can bar your case. Deadlines also vary by property type and insurance requirements. Consult with McCormick & Murphy promptly to identify your specific deadline and meet all notice requirements.

Report the incident as soon as reasonably possible. Ask for a written incident report and request the name and contact information of the manager or person taking the report. Document the date, time, and your description of what happened. Keep a copy. However, be cautious about giving a detailed recorded statement to the property owner or their insurance company without legal advice—anything you say can be used later. A factual, brief incident report is standard practice. Photographs and witness information gathered at the scene are also important. McCormick & Murphy can guide you on how to report the injury and what documentation to request from the property owner.

Colorado recognizes a 'natural accumulation' rule that can limit a landowner's liability for naturally occurring ice and snow. However, this rule has exceptions. If the owner created a condition that made the ice worse, failed to warn despite a duty to inspect, or the hazard resulted from the owner's activity (such as melting and refreezing from artificial heat), liability may still apply. Weather records, photographs showing the extent and location of ice, inspection and maintenance logs, and witness accounts are important. The standard depends on whether you were an invitee, and what the owner should have done to keep the property safe. Each case is different, and Colorado Springs cases can hinge on the specific facts.

McCormick & Murphy handles injury claims on a contingency fee basis. That means the firm's attorney fee is earned only if your case is settled or won. You pay no attorney fee upfront. Advanced case costs—such as court filing fees, investigation, medical records, expert reports, and other expenses—are separate from the attorney fee and may be deducted from any settlement or judgment. You and your attorney will discuss the specific fee arrangement and costs before the firm takes your case.