Colorado Springs Rental Property Accident 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.
Is a landlord liable when a tenant or guest is injured?
Where the landlord retained control of the area or knew of the defect and did not fix it, yes.
C.R.S. 13-21-115 is the route, and a tenant or their guest is generally an invitee — so the test is whether the landlord "actually knew or should have known". Common areas, stairs, walkways, railings and building systems usually remain the landlord's responsibility even where the unit itself does not.
What proves the landlord knew about the problem?
The paper trail you may already have.
Maintenance requests, texts and emails to the manager, the property's own work-order system, prior complaints by other tenants, and any code enforcement or inspection record all establish notice — which is the element these cases turn on. Send anything you have somewhere safe before the tenancy ends, because access to a portal can disappear with it.
You Have a Right to Be Safe at a Rental Home in Colorado Springs
Home is the place where you and your family should feel safe and secure. You shouldn’t have to worry about bad things happening to you or the people you care about. Unfortunately, a lot of landlords fail to take the appropriate measures to keep their tenants safe.
When tenants complain about hazardous conditions, such as potholes or a loose handrail, it is the landlord’s responsibility to fix it right away. And even when a hazard is not reported to the landlord, they are still expected to perform regular inspections and eliminate dangerous problems right away. Unfortunately, landlords often try to save money by avoiding necessary repairs.
If you have been injured due to the negligent actions of a landlord in Colorado Springs, we can help you get compensation that will cover the cost of your injuries. Call a Colorado Springs personal injury attorney at The Bussey Law Firm, P.C. today at (719) 475-2555 to schedule a FREE consultation.
Rental Property Accidents That May Harm You
Although your landlord may rely on a property management company for maintenance, as the property owner, they are ultimately responsible for providing a safe and habitable environment for tenants, their guests, and anyone else who may visit the property such as a maintenance worker or delivery person.
As soon as a landlord becomes aware of a hazard in the common area, they should post warning signs and place cones around the hazard to protect people. Then they should fix the problem as quickly as possible. Common rental property hazards include:
- Smoke detectors that don’t work or have low or expired batteries
- Broken floors, loose carpet, and other fall hazards
- Exposed wires that can cause electrocution
- Potholes
- Wet floors that could cause a slip and fall accident
- Sidewalks that are icy, uneven, or broken
- Stairs that are loose, uneven, or have a missing handrail
- Weak or missing railings on decks and balconies
- Leaky roofs and ceilings that cause a fall hazard
- Pools without fences, locked gates, and warning signs
- Loose rebar, wires, screws, glass, nails, and material that can cut or injure people
- Elevators with empty shafts that can cause a fall or broken sensors that cause doors to close on people
What to Do After an Accident at a Colorado Springs Rental Property
If someone has been harmed in an accident caused by a negligent landlord, seek medical attention right away. You will want to take pictures of the accident site and collect contact information from anyone who witnessed the accident or saw the hazardous conditions. This will help your lawyer when they investigate the accident.
Your landlord’s insurance company will probably offer you a lowball settlement that doesn’t fully cover your medical expenses. They might even try to get you to make a statement about the accident that could damage your claim. That’s why you will want to contact a personal injury attorney before you even talk to an insurance agent. And let your attorney do all the negotiating with the insurance company.
Your Colorado Springs premises liability lawyer will interview witnesses, review the accident scene, and speak with medical experts to determine the true cost of your injuries. Then they will file a claim with your landlord’s insurance company to get you the compensation you need to get your life back on track. This may include the following expenses:
- Medical bills
- Emergency room care
- Lost wages
- Rehabilitation and physical therapy
- Lost earning capacity
- Assisted living and convalescence care
We’re on Your Side
When someone else’s careless behavior causes your injuries, you shouldn’t have to pay for you own medical expenses. At The Bussey Law Firm, P.C., we’ll help you get a fair settlement so you can focus on getting better.
Call (719) 475-2555 today to schedule a FREE consultation. We only collect a fee when we win you a settlement.
Additional Information
- What to Do After an Accident at a Rental Property
- Hurt in an Accident Caused by Your Landlord’s Negligence?
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.
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.
Rated 5.0 from 203 Google reviews — see the firm on Google Business Profile.