Injured at a Colorado Springs Business? Here’s When You Can Sue
What happens when a routine trip to the grocery store or a local restaurant turns into an emergency due to unsafe conditions that cause serious injury or injuries? You could be eligible for compensation to cover the costs of your medical bills and other expenses, such as time missed from work, as well as for the pain and suffering you were forced to endure as a result.
Business owners have a legal responsibility to maintain safe environments for customers. That means actively identifying and addressing hazards like wet floors, poor lighting, broken sidewalks, or icy or snowy conditions. If a business failed to take the necessary precautions, and you’ve been hurt as a result, you may have grounds to sue the business for your injuries and damages in Colorado Springs.
At The Bussey Law Firm, P.C., we help injured people navigate the complexities of the Premises Liability Act, C.R.S. § 13-21-115 in Colorado.
What Is the Duty of Care?
Under Colorado premises liability law, businesses owe a duty of care to people who enter their property based on their status as invitees, licensees, or trespassers. Those who are invited onto a property for business purposes—also known as “invitees” are owed the highest level of protection under the law.
The duty of care owed to “invitees” for businesses in Colorado is to exercise reasonable care to protect invitees from dangers they know or should have known about. Reasonable care includes, but is not limited to, the following:
- Regularly inspecting the premises for hazards
- Promptly fixing dangerous conditions (e.g., leaks, broken handrails)
- Clearly warning customers about any known or temporary risks (e.g., wet floor signs)
- Providing adequate lighting and security where necessary
- Training employees to safely maintain store layouts and operations
If a business fails in any of these responsibilities and you were injured as a result, you have the right to file a premises liability claim.
Common Examples of Business Negligence Leading to Injury
Businesses can be liable for a wide range of accidents occurring on commercial property. Some of the most common include:
Slip-and-Fall Accidents
Injuries caused by slippery surfaces are one of the most common types of store injury lawsuits in Colorado. Spilled liquids, slick entryways, and icy walkways that aren’t promptly cleaned or marked can create dangerous conditions for unsuspecting customers.
Trip-and-Fall Hazards
Uneven flooring, curled rugs, poorly placed displays, and obstructed walkways can all lead to serious injuries like fractures or head trauma.
Falling Merchandise
Retail stores are also responsible for properly securing shelves and stacked goods. Items falling from high displays or overstocked shelves can injure unsuspecting customers without warning.
Poor Lighting
Dimly lit parking lots, stairwells, or hallways can increase the risk of tripping, slipping, or even becoming the victim of a crime.
Inadequate Security
Businesses in high-crime areas may be liable if they fail to provide reasonable security, such as lighting, cameras, or guards, particularly if assaults or robberies occur on the premises.
Food Service Injuries
Restaurants that serve spoiled food, leave hot liquids in unsafe places, or create greasy floor conditions may be subject to lawsuits for customer injuries.
Proving a Commercial Premises Liability Case
To win a property liability claim against a business in Colorado, you or your attorney must prove that a hazardous or unsafe condition on the business premises caused your injuries.
You must also show that the business was either aware of the condition and did nothing to fix it (actual notice), or they should have found out about the condition through reasonable inspection (constructive notice).
To file a successful lawsuit, you must have sustained actual physical, emotional, or financial harm directly due to the unsafe condition.
Evidence That Strengthens Your Lawsuit
Establishing liability in a premises liability lawsuit requires clear, persuasive evidence. Some of the strongest types of evidence include:
Photos and Videos
Photograph the scene of the accident as soon as possible. Take pictures of the hazard, lighting conditions, any warning signs (or lack thereof), pictures showing the height or depth of the condition you encountered, and your injuries.
Surveillance Footage
Most businesses use security cameras. If available, video footage can show the hazard, the incident, and how long the dangerous condition existed.
Incident Reports
If you report your injury to the business, ask for a copy of the incident report. These often include details that become key evidence later.
Eyewitness Statements
Witnesses can provide firsthand accounts of what happened and what the conditions were like. Be sure to get their contact information.
Medical Records
Immediate and ongoing medical treatment documents the severity of your injuries and ties them directly to the incident.
Maintenance Logs and Safety Records
These may show whether the business routinely inspects its premises or has a history of similar issues.
What Damages Can You Recover?
If your injuries were caused by negligence, you may be entitled to recover:
- Medical bills (current and future)
- Lost wages and future loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent impairment
- Permanent scarring or disfigurement
- Loss of enjoyment of life
In rare cases where the business’s conduct was especially reckless, punitive damages may also be awarded.
How Long Do You Have to File a Claim?
In Colorado, the statute of limitations for personal injury claims is generally two years from the date of the injury (C.R.S. § 13-80-102). Waiting too long can result in your case being dismissed entirely, so it’s crucial to act quickly to preserve evidence and protect your rights.
Reasons to Choose The Bussey Law Firm, P.C.?
With over 30 years of experience, The Bussey Law Firm, P.C., has built a reputation for excellence in personal injury litigation in Colorado Springs. We bring a combination of trial-tested skill, compassionate advocacy, and deep local knowledge to every case we handle.
We know what it takes to challenge insurance companies and large commercial entities, and we don’t back down when your health, livelihood, and future are on the line.
Talk to Our Colorado Springs Premises Liability Attorneys Today
The Bussey Law Firm, P.C., is ready to evaluate your claim and guide you through every step of your recovery. Let our Colorado Springs premises liability lawyers fight for your recovery while you focus on healing. Call (719) 475-2555 to schedule your free consultation.
