Colorado Springs Inadequate Security Lawyer
Key Takeaways
- Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
- If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
- Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.
What counts as inadequate security on a property?
Security that fell below what the risk at that location called for — measured against that property's own history rather than an abstract standard.
The recurring failures are broken or propped exterior doors, non-functioning gate access, burnt-out or absent lighting in parking areas and stairwells, cameras that were decorative or unrecorded, and guard patrols that had been cut. Under C.R.S. 13-21-115 what matters is that the owner knew or should have known, so documented complaints that went unanswered are the strongest evidence there is.
What should I do after being attacked on someone else's property?
Report it to police and to the property management, separately, and get both in writing.
Then move quickly on the things that vanish: surveillance footage is commonly overwritten within 7 to 30 days, incident logs get archived, and a broken lock or dead light is usually repaired within days of a serious incident — which quietly removes the proof that it was broken. Photograph the lighting, the entry points and the failure itself before that happens.
Injured Due to Inadequate Security in Colorado Springs?
Most people know that if an accident happens on someone else's property due to negligence, the victim is entitled to be compensated under Colorado law. But maintaining a safe and secure premises extends beyond simple slip-and-fall accidents. For instance, if an assault occurs on a commercial property because the property manager failed to provide adequate security, they could be found liable for the victim's injuries.
At The Bussey Law Firm, P.C., we believe victims should be protected. If you were injured at a place of business or commercial property due to someone else's negligence, we can help ensure you are fully and properly compensated. Call our Colorado Springs premises liability lawyers today at (719) 475-2555 to learn how we can help you.
What Is Premises Liability?
Premises liability refers to a category of law concerning a property owner's duty to ensure the safety of anyone legally visiting their property. Here in Colorado, the Colorado Premise Liability statute, C.R.S. §13-21-115, covers when and under what circumstances a property owner can be found liable for injuries that occur to visitors on their property. First of all, it defines who qualifies as a landowner: the person whose name is on the deed, an appointed agent of the owner, such as a property manager, or even a vendor who is operating on the property.
For instance, the "owner" for the purposes of a lawsuit might be a business leasing retail space in a mall where an accident occurs. It might also include a landscaper who failed to remove a dangerous limb from a tree that subsequently fell on the head of a passerby. In this case, the court might find that it was the landscaper's responsibility to maintain the tree, and thus, he is the one who owes the victim compensation.
How Does Inadequate Security Figure into Premises Liability?
Negligent security is a special category of premises liability. It might come as a surprise that even if a person's injury was willfully caused by a third party, such as during an assault, the owner of the property on which the crime took place might still be found liable for the bills. This is based on the principle that the owner of a property has a duty to provide a reasonably safe environment for lawful guests.
For instance, the owners of a parking lot need to make sure that it is properly lit at night and monitored by security cameras, especially in an area of town where assaults or other crimes are known to happen on a regular basis. Adequate security may include other measures, such as the presence of security guards. Bars regularly employ bouncers to help make sure fights don't break out, because it's a recognized fact that inebriation can increase the likelihood of violence.
Negligence has likely occurred if multiple attacks or incidents have happened at the same location. Even one prior occurrence should be enough to warn the owner or manager of that location that action needs to be taken to protect patrons and ensure no one is hurt again.
If You Were Injured by a Crime in Colorado Springs, Call Us
Victims who have suffered due to inadequate security in Colorado Springs, are entitled not only to recover expenses directly associated with their injuries, such as hospital fees, but also for rehabilitation, counseling, lost wages, and pain and suffering. Crime-related injuries can often be avoided when the proper preventative measures are put in place by property owners.
We believe that no one should be left holding the bill for someone else's negligence. If you or a loved one has been injured in Colorado Springs due to the lack of adequate security, please contact one of our dedicated Colorado Springs personal injury attorneys at The Bussey Law Firm, P.C., today. Call (719) 475-2555 to schedule a free consultation.
Does it matter why you were on the property when you were attacked?
Yes. Colorado's Premises Liability Act ties what an owner owes you to why you were there. A customer, tenant or guest invited for business is an invitee and can recover for dangers the owner knew or should have known about; a social guest must show the owner actually knew.
Most inadequate security claims involve invitees: shoppers in a parking lot, hotel guests, apartment tenants in common areas, patrons of a bar. That is why the owner's knowledge of earlier incidents, complaints and broken equipment carries so much weight. The court, not the jury, decides which category you fall into. The same act governs slip and fall claims and every other Colorado Springs premises liability case.
| Visitor status | Who that is | What the owner is liable for |
|---|---|---|
| Invitee | Someone there to transact business in which both are interested, or in response to the owner's invitation to the public | Unreasonable failure to use reasonable care against dangers the owner actually knew about or should have known about |
| Licensee | Someone there for their own convenience with permission, including a social guest | Failure to use reasonable care about dangers the owner created and actually knew about, or to warn of unusual dangers the owner actually knew about |
| Trespasser | Someone there without the owner's consent | Only damages the owner caused willfully or deliberately |
| Agricultural or vacant land (invitee) | An invitee on land classified for tax purposes as agricultural or vacant | Only dangers the owner actually knew about |
Can a property owner be liable when a criminal caused the injury?
It can, but only for its own share. Colorado makes each defendant pay no more than its percentage of fault, the jury can assign fault to the attacker even if the attacker is not sued, and the 2022 amendment tells courts to consider whether the criminal act was the predominant cause of the harm.
In 2022 the General Assembly amended the Premises Liability Act to say that two appellate decisions, the Wagner cases, must not be relied upon where they judged the foreseeability of crime by whether a business's goods or services were controversial, or held an owner liable as a substantial factor without considering whether the criminal act was the predominant cause. Proof that the owner ignored a known, specific risk, such as repeated break-ins through a gate reported broken, is therefore central. The firm's negligent security lawyer page covers the same claims for hotels, bars and apartment complexes, and brain injuries from assaults are a common result.
| Question | Colorado rule | C.R.S. |
|---|---|---|
| How much can one defendant be made to pay? | No more than the percentage of fault attributable to that defendant | 13-21-111.5(1) |
| Can the attacker's fault be counted if the attacker is not a party? | Yes; the finder of fact may consider the fault of a person not a party, after notice | 13-21-111.5(2), (3)(a) |
| How is fault decided? | A special verdict gives each party's and nonparty's percentage; no general verdict | 13-21-111.5(2) |
| Is the criminal act's role weighed? | Courts must not hold an owner liable as a substantial factor without considering whether the third-party criminal act was the predominant cause | 13-21-115(2)(e) |
Who can be responsible for security besides the owner on the deed?
Anyone who counts as a "landowner" under the Act: an authorized agent, a person in possession of the property, or a person legally responsible for its condition or for the activities and circumstances on it. When two or more are sued, the court applies the Act to each one separately.
In a parking-lot or apartment assault that can mean the owner, the management company and a business leasing the space. The court decides each defendant's status; the jury decides liability and damages. If an attack was fatal, the family's claim proceeds under Colorado's wrongful death statutes, and every claim here is subject to the deadlines on our Colorado Springs personal injury lawyer page.
Sources
Negligent security videos from The Bussey Law Firm
The Bussey Law Firm negligent security
After a significant accident, I turned to Tim Bussey for legal representation. With concerns about my treatment and expenses, Tim and his team provided invaluable support throughout my case. Negligent security cases can be emotionally challenging, but The Bussey Law Firm, P.C. diligently investigates to ensure your rights are protected. Don't delay in seeking experienced representation for your case.
· 3:30 · Watch on YouTube
Hire a Lawyer Early: Lessons From a Federal Case and Negligent Security Claim
Federal charges and negligent security injuries share one thing in common: the earlier you hire an experienced trial attorney, the better your outcome. This video brings together two very different cases that point to the same lesson. A former client of The Bussey Law Firm shares how a federal crime charge ended in deferred prosecution after a year of staying out of trouble.
· 3:06 · Watch on YouTube
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
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What Are the Colorado Deadlines and Rules on This Claim?
Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.
| Injury on someone else's property | Colorado Premises Liability Act — C.R.S. 13-21-115 |
|---|---|
| A claim arising from the use or operation of a motor vehicle | 3 years — C.R.S. 13-80-101(1)(n) |
| Most other personal injury claims | 2 years — C.R.S. 13-80-102 |
| If you were partly at fault | Damages reduced by your share, barred at 50% — C.R.S. 13-21-111 |
| Where a Colorado Springs claim is filed | El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 |
Sources and References
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- El Paso County Combined Courts — Colorado Judicial Branch
- The Bussey Law Firm, P.C. — Google Business Profile
Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.
Past results do not guarantee future outcomes. Every case is decided on its own facts.