Boulder County · Colorado premises liability law
Lafayette Premises Liability Lawyers
Injured on someone else's property in Lafayette? Free consultation. No attorney fee unless we recover for you.
Colorado's Status-Based Premises Liability Law
Colorado does not treat every injured visitor the same way. Under C.R.S. § 13‑21‑115, a landowner's duty depends on why you were on the property when you got hurt. The law separates visitors into three categories: invitees, licensees, and trespassers, and each category carries a different legal standard.
If you were an invitee, such as a customer at a Lafayette business, the landowner owed you reasonable care against dangers it actually knew about or should have known about. If you were a licensee, such as a social guest in someone's home, the duty is narrower: the landowner had to avoid unreasonably failing to use reasonable care for dangers it created and actually knew about, or it had to warn you of unusual dangers it knew about but did not create. That is a different, more limited duty than what a store owes its customers.
A trespasser generally can only recover for injuries the landowner caused willfully or deliberately. This is a high bar, but it is not an automatic bar to every claim. Figuring out which category applies to your situation, and what the landowner knew, is the first step in any premises liability case we evaluate.
Building Your Case Under the Right Standard
Because your legal status on the property changes the standard we have to meet, we start by pinning down the facts: why you were there, what relationship you had with the property owner or occupant, and what the hazard was. That framework shapes which evidence matters. For an invitee claim, we look for proof the landowner knew or should have known about the dangerous condition. For a licensee claim, we focus on what the landowner actually knew and whether it created the hazard or failed to warn of something unusual.
Photos of the condition, incident reports, maintenance records, and witness statements all help establish what the property owner knew and when. We also look at how the property was used and by whom, since that can affect how a landowner's knowledge and conduct are judged under the statute.
- Get medical care and keep records of your treatment
- Photograph the hazard and the surrounding area before it changes
- Get contact information for any witnesses
- Report the incident to the property owner, manager, or occupant
- Avoid giving recorded statements to an insurer before talking to us
Handling Premises Claims for Lafayette Residents
We work with people injured on properties throughout Lafayette, including businesses along Baseline Road, South Boulder Road, and near U.S. Highway 287, as well as nearby Louisville and Boulder. Falls, unsafe conditions, and inadequate maintenance can happen at retail stores, apartment complexes, and private residences across the area, and the legal standard that applies depends on your status as a visitor at the time.
If your injury required treatment at Intermountain Health Good Samaritan Hospital or another facility, we can help you gather those records as part of building your claim. If a lawsuit becomes necessary, premises liability cases arising in Lafayette are handled through the Boulder County Justice Center. We meet with clients from Lafayette and the surrounding area from our office in Denver.
What Damages May Be Available
- Medical expenses related to the injury
- Lost income from time away from work
- Pain and suffering
- Ongoing care or rehabilitation costs
- Property damage connected to the incident
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Lafayette — 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.
Lafayette Colorado premises liability law FAQ
What does it mean to be an invitee versus a licensee in Colorado?
An invitee is generally someone on the property for the owner's business purpose, like a customer, and is owed reasonable care against known or discoverable dangers. A licensee is more like a social guest, and the owner's duty is narrower, covering dangers it created and actually knew about or unusual dangers it failed to warn about.
Can a trespasser ever recover for a premises injury in Colorado?
It is difficult, since a trespasser generally can only recover if the landowner caused the injury willfully or deliberately. This is a high standard, but we still evaluate the specific facts of each situation before ruling out a claim.
How do I know which category applies to my situation?
It depends on the purpose of your visit and your relationship to the property owner or occupant at the time of the injury. We review the facts of your visit to determine which standard the law applies to your claim.
Does it matter if the hazard was something the landowner created?
Yes, particularly for licensees. The duty differs depending on whether the landowner created the dangerous condition or whether it was an unusual danger the landowner simply knew about and failed to warn of.
What should I do first after a fall or injury on someone else's property in Lafayette?
Seek medical attention, document the scene and hazard if you can, and get witness contact information. Then reach out to us for a free consultation so we can help sort out which legal standard applies to your case.
Discuss a Lafayette premises injury
Free consultation. No attorney fee unless we recover for you.