El Paso County · Colorado premises liability law
Monument Premises Liability Lawyers
Injured on someone else's property in Monument? Free consultation. No attorney fee unless we recover for you.
How Colorado Law Classifies Your Visit
Colorado premises liability claims run through C.R.S. § 13‑21‑115, a statute that ties a landowner's duty to the reason the injured person was on the property. Before we talk about what the property owner did wrong, we have to figure out whether you were an invitee, a licensee, or a trespasser, because Colorado law gives each category a different duty.
If you were an invitee, such as a customer at a Monument 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 narrows: the landowner had to avoid unreasonably failing to use reasonable care for dangers it created and actually knew about, and had to warn of unusual dangers it did not create but actually knew about. That is a different, more limited duty than the inspection-based duty owed to a customer, so it matters which category applies to you.
A trespasser generally can only recover for injuries the landowner willfully or deliberately caused. That does not mean every trespasser is automatically barred from recovery, but it does mean the standard is much harder to meet. We look closely at the facts of how and why you were on the property before we tell you what duty applies and what your claim looks like.
Building the Record Under Colorado's Statute
Because C.R.S. § 13‑21‑115 turns on what the landowner actually knew or should have known, we focus early on evidence that shows notice: prior complaints, maintenance records, inspection logs, and witness statements about how long a hazard existed. We also work to document your status on the property at the time of the incident, since that classification decides which duty applies to your case.
Photos of the condition, incident reports, and any communication with the property owner or manager help establish both the hazard and what the owner knew. The sooner we gather this evidence, the better positioned we are to show the landowner failed to meet the specific duty the law assigned based on your reason for being there.
- Photos of the hazard and surrounding area
- Names and contact information for any witnesses
- Any incident report filed with the property owner or manager
- Medical records related to the injury
- Clothing or footwear worn at the time, unwashed
Serving Monument and El Paso County
We handle premises liability cases for people injured in Monument and nearby areas, including along I-25, Colorado Highway 105, Second Street, Palmer Lake, and Colorado Springs. Whether the injury happened at a retail store, a private residence, or another property, we look at the specific facts of your visit to determine which duty the owner owed you under Colorado law.
Monument-area cases we handle often proceed through El Paso County Combined Courts, and injured clients sometimes receive treatment at UCHealth Memorial Hospital North in Colorado Springs. Our office is located at 929 W Colorado Ave in Colorado Springs, convenient for clients throughout the Monument and Tri-Lakes area.
Damages We Pursue
- Medical expenses related to the injury
- Lost income from time away from work
- Pain and suffering
- Future medical care if needed
- Permanent impairment or disfigurement
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Monument — 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.
Monument Colorado premises liability law FAQ
What if I was a guest at someone's house in Monument, not a paying customer?
You would likely be considered a licensee under Colorado law, which carries a narrower duty than the one owed to a customer. The landowner would need to have unreasonably failed to use reasonable care for dangers they created and actually knew about, or failed to warn of unusual dangers they knew about but did not create. We can help sort out which category fits your situation.
Can I recover damages if I was trespassing when I was hurt?
Trespassers generally can only recover if the landowner's conduct was willful or deliberate, which is a high bar. This does not mean every trespasser is automatically barred from any recovery, so we look closely at the facts before ruling anything out.
Does it matter whether I was shopping or just visiting a business in Monument?
Yes. If you were there for the business's economic benefit, such as shopping, you are typically treated as an invitee, which means the landowner owed you reasonable care against known or discoverable hazards. Your reason for being on the property directly affects the duty owed to you.
What evidence helps prove the landowner knew about the hazard?
Prior complaints, maintenance and inspection records, witness statements, and photos showing how long a condition existed can all help establish notice. We work to gather this evidence as early as possible after an incident.
Where would my premises liability case be handled if I live in Monument?
Cases arising in Monument and the surrounding El Paso County area typically proceed through El Paso County Combined Courts. Our office in Colorado Springs is nearby and available to meet with clients from Monument and the Tri-Lakes region.
Discuss a Monument premises injury
Free consultation. No attorney fee unless we recover for you.