City and County of Denver · Colorado premises liability law
Denver Premises Liability Lawyers
Denver premises liability claims turn on your status as a visitor. Free consultation. No attorney fee unless we recover for you.
How Colorado Law Defines a Landowner's Duty
Colorado law does not treat every injured visitor the same way. Under C.R.S. § 13‑21‑115, a landowner's legal duty depends on why the injured person was on the property in the first place. The statute divides visitors into three categories: invitees, licensees, and trespassers, and each category comes with a different standard of care.
An invitee is someone on the property for a reason connected to the landowner's business, such as a customer in a Cherry Creek shop or a visitor to a Five Points restaurant. A landowner owes an invitee reasonable care against dangers the landowner actually knew about or reasonably should have discovered. A licensee, such as a social guest at a Highland home, is owed a narrower duty. The landowner must not unreasonably fail to use reasonable care for dangers the landowner created and actually knew about, and must warn of unusual dangers the landowner did not create but actually knew about. That is not the same inspection obligation owed to a paying customer.
A trespasser generally can recover only for harm the landowner caused willfully or deliberately. Not every trespasser is automatically barred from recovery, but the standard is much higher than for an invitee or licensee. Sorting out which category applies to your situation is often the first and most important step in a Denver premises liability case, and we walk through that analysis with every client we represent.
Building the Record in a Denver Premises Case
Because the landowner's duty depends on your status as a visitor, the facts around why you were on the property matter as much as the hazard itself. We look at how you came to be there, what the property owner knew or should have known, and whether the danger was something created by the owner or something unusual that required a warning. Photos of the condition, witness accounts, and records of prior complaints or repairs can all help establish what the landowner actually knew.
We also gather medical records connected to treatment received, including care at facilities such as Denver Health Medical Center, to document the injury and tie it to the incident. Early evidence collection matters because conditions on a property change quickly, whether it is a wet floor, a cracked staircase, or a broken handrail, and once it is fixed or removed, proving what it looked like at the time of the fall becomes harder.
- Report the incident to the property owner, manager, or landlord
- Take photos of the hazard and the surrounding area
- Get contact information for anyone who saw what happened
- Seek medical evaluation and keep records of your treatment
- Avoid giving a recorded statement before speaking with an attorney
Handling Premises Cases Across Denver
We represent people injured on properties throughout the City and County of Denver, from retail spaces in Cherry Creek to residential buildings in Capitol Hill, apartment complexes in RiNo, and mixed-use developments in Highland and Five Points. Denver's mix of older buildings, dense commercial corridors, and rapidly redeveloping neighborhoods creates a wide range of premises hazards, from uneven sidewalks to poorly maintained stairwells.
When a premises liability case needs to go to court, it is typically filed in Denver District Court. We are familiar with how these claims proceed locally and prepare each case with an understanding of the standards Colorado law applies to invitees, licensees, and trespassers alike.
Losses We Help Pursue
- Medical expenses related to the injury
- Lost income from time away from work
- Pain and suffering
- Costs of ongoing care or rehabilitation
- Other losses tied directly 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 Colorado premises liability law FAQ
Does it matter why I was on the property when I got hurt in Denver?
Yes. Colorado law sets a different duty of care depending on whether you were an invitee, licensee, or trespasser. That status affects what the landowner was required to know or do to keep the property safe.
I was a guest at someone's home in Denver, not a customer. Do I have a case?
You may, but the duty owed to a social guest, or licensee, is narrower than the duty owed to a customer. The landowner must not unreasonably fail to address dangers they created and knew about, or fail to warn of unusual dangers they actually knew about.
Can a trespasser ever recover for an injury on someone else's property?
It is possible, but the standard is high. A trespasser generally can only recover if the landowner willfully or deliberately caused the harm, not simply through carelessness.
What evidence helps prove a premises liability claim in Denver?
Photos of the hazard, witness statements, records of prior complaints, and medical documentation all help show what the landowner knew and how the injury occurred. Gathering this evidence early, before conditions change, strengthens the claim.
Where would a Denver premises liability lawsuit be filed?
Cases arising in the City and County of Denver are typically filed in Denver District Court. We handle the filing and procedural requirements as part of representing our clients.
Discuss a Denver premises injury
Free consultation. No attorney fee unless we recover for you.