El Paso County · Colorado premises liability law
Briargate Premises Liability Lawyers
Injured on someone else's property in Briargate? Free consultation. No attorney fee unless we recover for you.
Your Status on the Property Decides the Landowner's Duty
Colorado premises liability claims turn on C.R.S. § 13‑21‑115, a statute that sets a landowner's duty according to why the injured person was on the property. Not everyone hurt on someone else's land is treated the same way, and the first question we ask in any Briargate case is what category the injured person falls into: invitee, licensee, or trespasser.
An invitee is generally someone on the property for a reason connected to the landowner's business, like a shopper at a retail center off Briargate Parkway or a customer visiting a business near Research Parkway. Invitees are owed reasonable care against dangers the landowner actually knew about or should have known about. A licensee, such as a social guest in a home near North Gate Boulevard, is owed a narrower duty: the landowner must not unreasonably fail to use reasonable care for dangers it created and actually knew about, and must warn of unusual dangers it did not create but actually knew about. That is not the same inspection obligation owed to a paying customer.
A trespasser's recovery is limited to damages caused willfully or deliberately by the landowner. That is a high bar, but it is not an automatic bar to every trespasser case, and we look closely at the facts before ruling anything out. Because the legal duty shifts with the injured person's status, sorting out that status early matters for how we build the claim.
Building the Record Early
Because duty depends on status and knowledge, we focus on what the property owner knew or should have known about a hazard, and when. That means photos of the condition, maintenance and inspection records if they exist, incident reports, and statements from anyone who saw the hazard before the injury. For falls or defects near I-25 access points, Briargate Parkway retail areas, or properties around Monument, we also look at whether the owner had actual notice of a prior complaint or repair request.
Medical treatment records tie the injury to the incident, and care received at UCHealth Memorial Hospital North or another local provider becomes part of that record. We move quickly to gather this evidence because conditions get cleaned up, repaired, or changed, and witness memories fade.
- Photos of the hazard or condition that caused the fall or injury
- Names and contact information for any witnesses on scene
- Any incident report filed with the property or business
- Medical records and bills from treatment after the injury
- The clothing or footwear worn at the time, if relevant to the fall
Handling Briargate Premises Cases Locally
Briargate covers a mix of retail centers, office parks, and residential areas along Briargate Parkway, Research Parkway, and North Gate Boulevard, with I-25 running along the west side. Premises injuries here range from falls in store parking lots to injuries at apartment complexes or offices, and the facts of where and why someone was on the property shape the legal analysis from day one.
Claims arising in Briargate and the surrounding Monument area are typically filed in El Paso County Combined Courts. Our office at 929 W Colorado Ave in Colorado Springs handles these cases for clients throughout the northern part of the county, and we come to you or meet by phone when travel is difficult after an injury.
What Recovery Can Cover
- Medical bills related to the injury
- Future medical care if the injury requires ongoing treatment
- Lost income from time away from work
- Pain and suffering
- Reduced ability to enjoy daily activities
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Briargate — and read client testimonials.
A passenger suffered traumatic brain, neck, and back injuries in a Colorado Springs intersection collision. After the carrier refused a fair number, a jury awarded $295,000 including interest and costs.
El Paso County jury verdict
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Briargate Colorado premises liability law FAQ
Does it matter whether I was a customer or a guest when I got hurt?
Yes. Colorado law sets a different duty depending on whether you were an invitee, a licensee, or a trespasser. A customer at a business is owed a broader duty of reasonable care than a social guest, so we start by figuring out your status on the property.
I was a guest at someone's house in Briargate, not a paying customer. Do I still have a claim?
Possibly. As a licensee, the landowner must not unreasonably fail to use reasonable care for dangers it created and knew about, and must warn of unusual dangers it knew about but did not create. It is a narrower duty than what a business owes its customers, but it can still support a claim.
What if I was trespassing when I got injured?
Recovery in that situation is limited to damages caused willfully or deliberately by the landowner, which is a high bar. It is not automatically a dead end, though, so we still review the specific facts before deciding whether a claim is viable.
What kind of evidence helps prove the landowner knew about the hazard?
Prior complaints, maintenance logs, inspection records, and witness statements about how long a condition existed can all help show actual or constructive knowledge. Photos taken close to the time of the injury are also valuable.
Where would a Briargate premises case be filed?
Cases arising in Briargate are generally handled in El Paso County Combined Courts. We can meet at our Colorado Springs office or arrange another way to talk if getting to us is difficult.
Discuss a Briargate premises injury
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