El Paso County · Colorado premises liability law
Colorado Springs Premises Liability Lawyers
Colorado Springs premises liability claim? Free consultation. No attorney fee unless we recover for you.
How Colorado Law Sets the Landowner's Duty
Colorado premises liability claims are governed by C.R.S. § 13‑21‑115, a statute that ties the landowner's legal duty to why the injured person was on the property. This is not a one-size-fits-all standard. The duty owed to a store customer is different from the duty owed to a social guest, which is different again from what a trespasser can recover.
If you were an invitee, such as a customer at a business, the landowner owed you reasonable care against dangers it actually knew about or should have known about. That is a meaningful duty, and it covers hazards the property owner failed to find through reasonable inspection as well as hazards it already knew were there.
If you were a licensee, such as a social guest in someone's home, the duty is narrower. A landowner is liable only for an unreasonable failure to use reasonable care for dangers it created and actually knew about, or for failing to warn of unusual dangers it did not create but actually knew about. That is not the same inspection duty owed to a customer, and we will look closely at which category applies to your situation before we tell you what your claim is worth.
Proving Status and Knowledge
Because your legal status on the property changes the duty owed, we start by establishing why you were there and what the owner knew or should have known. That means gathering photos of the condition, incident reports, maintenance and inspection records, and statements from anyone who saw what happened. For a trespasser claim, the standard is narrower still, so any evidence of willful or deliberate conduct by the landowner matters.
We also look at how the property is used day to day. A business open to the public in Colorado Springs faces different expectations than a private residence, and the facts of your visit help determine which duty applies and whether it was met.
- Get medical care and follow up on your treatment
- Photograph the hazard and the surrounding area before it changes
- Identify witnesses and get their contact information
- Report the incident to the property owner or manager in writing
- Avoid giving a recorded statement to an insurer before speaking with us
Handling Premises Claims Across Colorado Springs
We handle premises liability claims from across the Colorado Springs area, including incidents near Powers Boulevard, Academy Boulevard, Woodmen Road, Briargate, and Old Colorado City. Whether the injury happened at a retail center, an apartment complex, or a private home, we start by figuring out your legal status on the property and what that means for your case under Colorado law.
If your injury required emergency treatment, records from UCHealth Memorial Hospital Central or CommonSpirit Penrose Hospital often become part of the evidence we review. Colorado Springs premises liability claims are typically filed in El Paso County Combined Courts. You can meet with us at our office at 929 W Colorado Ave to go over what happened and what category of duty likely applies.
What You May Be Able to Recover
- Medical expenses related to the injury
- Lost income from time away from work
- Pain and suffering
- Ongoing care needs if the injury is serious
- 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 Colorado Springs — 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.
Colorado Springs Colorado premises liability law FAQ
Does it matter why I was on the property?
Yes. Colorado law sets a different duty depending on whether you were an invitee, a licensee, or a trespasser. This affects what you have to prove and what the landowner was required to do.
What if I was a social guest, not a paying customer?
As a licensee, the landowner's duty is narrower than what is owed to a customer. It generally applies to dangers the owner created and actually knew about, or unusual dangers it knew about but did not create.
Can a trespasser ever recover damages?
A trespasser can only recover for harm the landowner caused willfully or deliberately. This is a narrow path, but it is not an automatic bar in every case.
Am I automatically an invitee if I was on someone's property?
No. Not everyone on a property is an invitee. Your specific reason for being there determines which category applies, and that decision matters for the strength of your claim.
What should I do after a fall or injury on someone else's property in Colorado Springs?
Get medical attention, document the scene and any hazard, and identify witnesses if you can. Then talk to us before giving a statement to an insurance company so we can evaluate your status on the property and the duty involved.
Discuss a Colorado Springs premises injury
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