Colorado Springs Slip-and-Fall 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.
How do you prove liability in a slip and fall case in Colorado?
By proving notice, which is where nearly all of these cases are won or lost.
Colorado's Premises Liability Act, C.R.S. 13-21-115, is the exclusive remedy against a landowner, and for an invitee — a customer, a tenant, anyone there for the owner's benefit — you must show the owner "actually knew or should have known" of the danger and unreasonably failed to fix it. So the evidence that matters is not the puddle; it is how long the puddle was there. Inspection logs, sweep sheets, prior complaints and CCTV are the proof, and CCTV is routinely overwritten within days.
What should I do after a slip and fall?
Report it before you leave, and make them write it down.
An incident report created that day is the difference between a claim and your word; staff memory of a spill is gone within a week and so is the footage. Photograph the hazard itself, the lighting, and any missing warning sign, and photograph your shoes. Get names of witnesses and of the manager on duty. Then see a doctor the same day.
Are You in Need of a Colorado Springs Slip-and-Fall Lawyer?
While an accident can strike at any time, we expect business owners to maintain their property in a manner that makes it safe for the public. This is especially true in office buildings, shopping centers, malls, retail stores, parking lots, and other commercial spaces. Unfortunately, many owners and property managers are careless with their duties or are willing to cut corners to save money. This puts everyone in danger.
Thankfully for residents of Colorado Springs, our state has strict laws that require businesses to exercise all proper caution when it comes to public safety. If they fail to do so, and a patron slips and falls, the patron is entitled to be compensated for his injuries. That's where a Colorado Springs slip-and-fall lawyer at The Bussey Law Firm, P.C., comes in.
If you or a loved one has been injured in a slip-and-fall, call us today at (719) 475-2555 to learn more about your options.
Why Choose Us Over Other Colorado Slip-and-Fall Accident Attorneys?
- Over 30 years of legal experience handling complex injury cases.
- Millions recovered for injury victims throughout Colorado.
- Listed by Super Lawyers for over 14 consecutive years—a rare and respected honor.
- Martindale-Hubbell Gold Client Champion Award, awarded for excellence in client satisfaction and communication.
- Named a Top Personal Injury Law Firm in Colorado Springs by Expertise.com.
- Fellow of the Litigation Counsel of America (LCA)—a distinction earned by fewer than half a percent of all U.S. attorneys.
- Nationally published legal author and speaker at continuing legal education seminars.
- Featured in Colorado Springs Magazine as one of the area's Top Attorneys.
The Statute of Limitations for Slip-and-Fall Cases in Colorado
In Colorado, the statute of limitations for a slip-and-fall injury is two years from the date of the incident. This means that if you do not file a lawsuit within two years of your fall, you will likely lose your right to seek compensation.
Because time is limited, it's important to speak with an attorney as soon as possible. Evidence like surveillance video or floor condition logs can be destroyed or lost over time, and witnesses may forget what they saw. Acting quickly gives your case the best chance for success.
Typical Causes of a Slip-and-Fall Accident
A slip-and-fall is loosely defined as just what it sounds like: a person slips on a surface and hits the ground, resulting in an injury. But it's part of a broader category of accidents that would include trips, stumbles, and any scenario where someone falls and is injured.
In general, these falls are caused by an unseen hazard, whether it's a wet floor, ice, or an object left in someone's path that a customer, guest, or tenant was unaware of. Examples of hazards that we see on a regular basis in Colorado Springs include:
- Dim lighting
- Failure to clear snow or ice in a timely manner
- Cables or electrical wiring across a path
- Uneven flooring
- Narrow stairs
- Spilled liquids
- Missing or broken handrails
- Torn carpet
- Debris or objects left in pathways
- Cracked or uneven pavement
- Loose floorboards or welcome mats
- Open cabinets or drawers in a walkway
In many instances, rather than fix the problem, property owners will attempt to warn visitors, for instance, by placing a wet surface sandwich board or hanging a sign. This might work as a temporary solution, but only if the sign is prominently located in a manner that a person cannot fail to see it.
When that hazard is not fixed in a reasonable amount of time, and it causes someone to slip and fall, the victim has a right to compensation.
It Is Never "Just a Fall"
When we speak to clients, we often hear that the property owner claimed it was "just a fall." But after receiving an emergency room bill, learning they needed physical therapy, and having to take time off work to recover, they found that these "falls" added up. In serious cases, victims may be left with debilitating injuries, such as traumatic brain injuries (TBI), spinal cord injuries (SCI), multiple broken bones, including hip fractures, and soft-tissue damage. In our experience, fall victims can also suffer wrongful death.
And serious falls happen more often than you would think. According to the Centers for Disease Control and Prevention, one in five falls results in a catastrophic injury. Falls are the most common cause of brain injuries. The National Floor Safety Institute determined that over one million people have to go to the emergency room due to a slip-and-fall every year.
These accidents can be especially serious for older adults, with an estimated 26% of adults 65 years and older reporting falls in Colorado alone, which has resulted in roughly $478,000,000 in medical costs in a single recent year. When you add in a catastrophic injury, a single fall can change a person’s life.
It is important to remember that you may have more legal options than you think after a fall. If your injury occurred at someone else's home, business, or property, then that person may be responsible for the damages you have suffered.What Is Premises Liability?
Slip-and-fall accidents are governed by an area of the law known as premises liability. According to the Colorado Premises Liability Act in C.R.S. § 13-21-115, landowners have a responsibility to maintain their property in a reasonably safe condition. If they are unable to quickly fix an unsafe situation, they must warn all visitors of the hazard. Failing to warn a customer, guest, or tenant of a known danger can make a property owner liable for the victim’s injuries. In addition, if the property owner should have reasonably been aware of the danger, such as by performing regular inspections, then they can also be found liable in a premises liability claim.
In Colorado, compensation for a slip-and-fall claim can include:
- All medical expenses, including past and future bills, surgeries, medication, and physical therapy
- Lost wages if you had to take time off work
- Lost earning potential if you had to change careers or jobs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Colorado does have damage caps on non-economic damages, which include pain and suffering, emotional distress, and loss of enjoyment of life. As of January 2020, the cap is $613,760, which can be increased by the court upon clear and convincing evidence to a maximum of $1,227,530. At The Bussey Law Firm, P.C., we always advocate for the maximum available award to give our clients the best chance at recovering comfortably.
What Do I Need to Prove in a Slip-and-Fall Claim?
After a fall, our team at The Bussey Law Firm, P.C., can sit down with you in a free consultation. Depending on your accident, you may be eligible for compensation from a negligent property owner. To get you the money you need to heal, we will work to determine how they acted negligently and caused your injuries.
Slip-and-fall accidents are typically covered under liability policies, including homeowner’s insurance and business liability insurance. But the insurance companies that oversee these policies may try to convince you to accept a lower settlement amount. We have seen firsthand how major insurance companies operate and the thought processes they use when evaluating claims. This allows him to provide accident victims with the knowledge they need to recover full compensation.
Typically, to recover compensation in a slip-and-fall claim, you must prove that:
- The property owner was aware of a safety hazard on the premises or reasonably should have been aware of the hazard;
- The property owner did not fix the safety hazard in a timely hazard or warn guests of the danger;
- You were legally allowed to be on the property;
- You suffered a fall and were injured due to the hazard; and
- Your injuries resulted in damages.
Property owners have a duty to make sure their homes and businesses are free of safety hazards to protect their guests. They have no excuse for allowing a customer or visitor to be injured, especially if they were aware of the danger. Even if they were not, you should not have to bear the costs of an injury alone, and The Bussey Law Firm, P.C., can fight to get you the compensation you need to heal.
Frequently Asked Questions
What types of conditions cause slip-and-fall accidents?
Common hazards include wet or slippery floors, loose rugs, broken handrails, uneven sidewalks, poorly lit areas, ice or snow buildup, and debris in walkways.
Who can be liable in a slip-and-fall case in Colorado?
Property owners, landlords, business operators, or maintenance companies may be responsible if they failed to correct or warn about dangerous conditions.
How do I prove the property owner was at fault?
To build a strong case, your Colorado Springs personal injury lawyer will gather evidence like surveillance footage, maintenance logs, inspection records, eyewitness testimony, and expert analysis to show that the owner knew—or should have known—about the hazard.
Can I sue if I fell on government property in Colorado?
Yes, but special rules apply. You must file a notice of claim within 182 days of the injury, and damages may be capped. Legal guidance is essential in these cases.
Do all slip-and-fall cases go to court?
Not often. Many cases in Colorado Springs are settled through negotiation. But if the property owner's insurance company refuses to offer a fair amount, we're prepared to take your case to trial.
How long does a slip-and-fall case take to resolve?
It varies. Some cases settle in a few months, while others may take a year or more, depending on the complexity of the injuries and whether litigation is needed.
How much does it cost to hire your firm?
There's no fee unless we win your case. We offer free consultations and work on a contingency fee basis. You have nothing to lose by reaching out.
Contact a Dedicated Colorado Slip-and-Fall Injury Attorney
If you have been injured in a slip-and-fall on someone else's property, it's important to consult an experienced Colorado Springs premises liability attorney as soon as possible. The sooner we can examine the circumstances, the sooner we can begin building a case on your behalf, and the more likely we will be to successfully recover your damages.
The Bussey Law Firm, P.C., is dedicated to helping accident victims throughout Colorado Springs and holding negligent property owners accountable. We account for every cost you have suffered, from your medical bills to your lost wages to the trauma of your injuries. We can include all of this in your claim and advocate for the maximum possible award. Contact us today at (719) 475-2555 to schedule a free consultation.
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.