Do You Have a Premise Liability Claim? What Colorado Injury Victims Need to Know
- Joy Morales
- Feb 19
- 4 min read
You slipped, you fell, and now you're wondering, do I actually have a legal claim? It's one of the most common questions personal injury attorney Scott Anderson hears. The honest answer: it depends on the facts. Here's a practical guide to help you understand what matters most.
Step One: Do You Have Damages Worth Pursuing?
Premise liability cases are fact-intensive. You can't just say "I fell, so I have a claim." The first thing any attorney will look at is your damages. In our legal system, damages drive decisions.
If you slipped on ice that shouldn't have been there but walked away embarrassed with no injuries, that's probably not a case worth pursuing. No attorney is going to spend $10,000 on an expert witness for a bruise that healed in a day. But if you sustained real injuries, ongoing pain, medical bills, lost work, lasting impact on your life that changes the equation significantly.
Step Two: Did the Landowner Do Something Wrong?
Even with serious injuries, not every accident is someone else's fault. Sometimes bad things just happen. For a premise liability claim, you need to show the landowner failed to act reasonably. That might mean:
• Failing to clear snow and ice from walkways when they were required to
• Not conducting regular property inspections as required
• Building or maintaining structures that were unsafe and fell apart
If the landowner took reasonable steps to protect visitors and an accident happened anyway, a claim may not succeed. The question is always: did they do what a reasonable property owner should have done?
Step Three: Did You Contribute to Your Own Injury?
Colorado also looks at whether the injured person played a role in their own accident. For example: if a business posts clear signage warning that a sidewalk is under construction and asking people to walk around, and someone on their phone ignores the sign and walks straight through that's on the individual, not the landowner.
A complete picture of a premise liability case involves three things: the landowner's actions, the injured person's actions, and the extent of the injuries. All three matter.
How Long Do You Have to File? Understanding the Statute of Limitations
This is where many injured people get caught off guard and where waiting too long can cost you your entire case. Every state has its own statute of limitations. The deadline by which you must file a lawsuit.
The Government Exception: What Most People Don't Know
If you were injured on property owned or controlled by a government entity, a city sidewalk, a state park, a public building, you face a much tighter deadline in Colorado. You have just six months to file a notice of claim to even be eligible to pursue your case. Miss that window, and governmental immunity will almost certainly bar your claim entirely.
Federal property adds another layer: injuries on federally controlled land fall under the Federal Tort Claims Act, which has its own requirements and procedures. Most people have no idea these shorter deadlines exist, which is exactly why talking to an attorney early is so important.
Why You Should Call a Lawyer Sooner Rather Than Later
Even when the two-year statute of limitations applies, don't wait. Here's why: identifying all responsible parties, gathering evidence, and building the claim takes time. If someone calls a month before the deadline there simply isn't enough time to do the work properly.
Premise liability cases often involve multiple responsible parties, the property owner, the tenant, the contractor and figuring out who is actually liable takes time. The sooner you call, the more options your attorney has.
Frequently Asked Questions
Q: I wasn't that hurt. Is it still worth calling an attorney?
A: Yes, at minimum, a free consultation can help you understand what you have. Injuries sometimes appear minor at first and worsen over time. An attorney can also tell you quickly if there's nothing to pursue, saving you the uncertainty of wondering.
Q: What if I didn't realize I was injured until much later?
A: This is more common than you'd think. The statute of limitations clock generally starts running when the injury occurred (or in some cases when it was discovered). Don't assume you've missed your window. Call an attorney and let them assess the timeline.
Q: How do I know who the responsible party is?
A: That's often part of what an attorney investigates. In premise liability cases, the entity you think is responsible may not be — the actual liable party could be a landlord, a contractor, or a management company. This is another reason to contact an attorney early, while evidence is still available and time allows for a thorough investigation.
Q: I was hurt on a city sidewalk. Do I have a claim against the city?
A: Possibly, but you must act fast. In Colorado, you have only six months to file a notice of claim against a government entity. Without that notice, you likely lose your right to pursue the case entirely. Contact an attorney immediately if a government entity may be involved.
Q: Does it cost anything to find out if I have a case?
A: Anderson Injury Law offers free consultations.
Q: Can I wait until I'm done with medical treatment to call?
A: It's understandable to want to focus on healing first, but waiting can seriously limit your options — especially if a government entity is involved. Scott advises calling as soon as possible after an injury so that your attorney can begin preserving evidence and protecting your claim while you recover.
Not sure if you have a claim? Don't wait to find out.
Contact Scott Anderson at Anderson Injury Law for a free consultation. The sooner you call, the more options you have.
📞 (719) 473-3040
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