City and County of Denver · Apartment and common-area injuries
Denver Apartment Premises Lawyers
If you were hurt on stairs, ice, or a broken railing at a Denver apartment complex, we can help. Free consultation.
Who Is Responsible for a Denver Apartment Injury
Apartment complexes across Denver, from older buildings in Capitol Hill and Five Points to newer developments in RiNo and Highland, have areas that belong to every tenant and areas that belong to no one in particular: stairwells, entry doors, parking lots, breezeways, mailrooms, and shared lighting. A landlord can be treated as a landowner for these common areas when the landlord possesses or is responsible for them. That distinction often decides whether a claim goes anywhere.
We do not assume a landlord is liable for every hazard a tenant reports. A broken step inside a private unit that the tenant never reported is a different case than a broken step in a shared stairwell that the property manager walks past every day. Control matters. We look at the lease, the maintenance records, and who actually had responsibility for the area where the fall or injury happened.
Colorado's premises liability statute, C.R.S. § 13‑21‑115, still applies in these common-area cases. The injured person's legal status on the property, whether invitee, licensee, or trespasser, affects what duty the landlord owed. We work through that classification early so we understand what has to be proven before we move forward.
Building What We Need to Prove the Case
Apartment complexes tend to have maintenance logs, work order histories, and sometimes camera coverage of entries and parking areas. We move to get that information preserved before a property management company can say records were routinely deleted. We also look at whether other tenants complained about the same stairwell, the same icy walkway, or the same broken railing before the injury happened.
Photos of the condition, especially taken close in time to the incident, carry weight. So does a paper trail: emails or texts to the leasing office, prior repair requests, and any response from management. If Denver Health Medical Center or another provider treated the injury, those records connect the condition to the harm.
- Photos of the stairs, railing, ice, or lighting condition, including the surrounding area
- Any maintenance requests or complaints you or neighbors made before the injury
- Names of witnesses or other tenants who saw the condition or the incident
- Medical records from Denver Health Medical Center or any provider you saw
- Copies of your lease and any written communication with the leasing office
Handling Common-Area Claims in Denver
Denver's older housing stock, particularly in neighborhoods like Capitol Hill and Five Points, means a lot of buildings with narrow stairwells, uneven entryways, and lighting that was never updated. Newer construction in RiNo and Cherry Creek has different problems: poorly designed drainage, ice buildup in shaded breezeways, or gates and railings installed to code but poorly maintained afterward. We look at the specific building and the specific area, not a generic apartment complaint.
These cases are typically filed in Denver District Court. We handle the process of identifying the correct property management company or ownership entity, which is not always obvious from the lease alone, especially when a building has changed hands or is managed by an out-of-state firm.
What These Claims Can Cover
- Medical treatment for fall or injury-related harm
- Ongoing care or rehabilitation tied to the injury
- Lost income while you were unable to work
- Pain and physical limitation from the injury
- Other out-of-pocket costs connected to the incident
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Denver — and read client testimonials.
After I was hit by a drunk driver with no insurance, my own insurer refused UM benefits. McCormick & Murphy sued for uninsured motorist benefits and bad faith. A jury awarded me over $900,000.
C. O., Denver · UM / bad-faith verdict
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Denver Apartment and common-area injuries FAQ
Is my landlord automatically responsible if I got hurt in a common area?
Not automatically. A landlord can be treated as a landowner for common areas the landlord possesses or is responsible for, but we still have to show the landlord controlled that area and knew or should have known about the hazard.
What if I got hurt inside my own apartment, not a shared area?
That's a different situation. Liability inside a private unit depends heavily on who was responsible for the specific condition, so we look closely at the lease terms and any repair history before drawing conclusions.
Does it matter whether I was a resident, a guest, or a delivery person?
Yes. Colorado's premises liability statute assigns different duties depending on the injured person's legal status on the property, so we evaluate that early in every common-area case.
What if the property management company denies responsibility?
That's common, and it's why documentation matters. We gather maintenance records, prior complaints, and photos to build the strongest picture of who controlled the area and what they knew.
How much does it cost to talk to you about an apartment injury?
Nothing upfront. We offer a free consultation, and we don't charge an attorney fee unless we recover for you.
Discuss a Denver premises injury
Free consultation. No attorney fee unless we recover for you.