Personal Injury Home Premises Liability Winter Weather Slip and Fall Accident

Colorado Springs Icy 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.

Is a property owner liable for a fall on ice or snow in Colorado?

Sometimes — and it depends on what they did, not on the fact that it snowed.

The claim runs through C.R.S. 13-21-115, so an invitee must show the owner knew or should have known of the condition and failed to use reasonable care. In practice the case is usually about time and about refreeze: how long the ice had been there, whether the lot had been treated, and whether a downspout, a heated entry or an inadequate clearing job created the patch you fell on.

What should I do after slipping on ice at a business?

Photograph the ice before anyone treats it — that is the evidence, and it will be salted or melted within the hour.

Get the fall into an incident report before you leave and take the manager's name. Note the time, because ice that formed overnight and ice that formed in the twenty minutes before you arrived are completely different cases, and the snow-removal contractor's service records are what settle which it was.


Winter Weather: Ice, Snow, Sleet, and More

Anyone who has spent any time in Colorado in the winter knows the hazards of trying to walk on icy or snow-clogged sidewalks and roads. If you slip and fall while trying to traverse such surfaces and you are injured, you may have legal recourse to help with the financial impact of your injuries and other damages.

Injuries can range from minor bruising and broken bones to catastrophic head injuries, spinal cord injuries, and, in some cases, death. Some slip and fall injuries will leave a family member or loved one with life-long disabilities. In addition to the long term physical ailments, the probability of lost wages, emotional stress, reduced quality of life, impairment, and disfigurement all can combine to make slip and fall injuries devastating to a person's quality of life.

Who Is Liable for Injuries in a Slip, Trip, or Fall?

The first step in assessing a slip and fall case is determining who was responsible for providing a safe passageway on the property. Property owners, property managers, occupants and/or tenants, can be responsible for ensuring that sidewalks abutting their property are made reasonably safe for people walking on those surfaces. If you were injured while walking on a sidewalk as a result of snowy, icy, and/or unsafe conditions, you may have a claim against the responsible party. Our team at The Bussey Law Firm, P.C. knows how difficult your life can become if you are injured in a Colorado Springs slip and fall accident through no fault of your own. If a property owner was negligent with regard to keeping snow and ice cleared in a reasonable manner, we are here to help. Even if you believe you may have been partially responsible, you may still have a case.

Colorado has adopted a modified comparative fault standard for negligence cases such as a slip and fall injury. See Generally C.R.S. § 13-21-111. Modified comparative negligence means that, in an accident, both parties could be deemed to have a percentage of responsibility. If the plaintiff is found to be 50 percent or less responsible, he or she can still pursue compensation against the other party. For example, Mary is walking on a sidewalk that has been cleared by several homeowners of snow and ice. However, when she gets to Mr. Brown's house, she sees that his sidewalk has not been cleared. She makes the decision to walk on his sidewalk anyway, slips and falls, and is injured.

It is possible that it will be determined that she was partly responsible because she could observe the sidewalk had not been cleared, and decided to cross it anyway. In this example, her percentage of responsibility is could be 10 percent, and the homeowner's portion 90 percent. She could make a claim against the homeowner and potentially receive compensation for 90 percent of her damages.

Colorado Springs and Denver Regulations for Snow Removal

Pursuant to Colorado Springs Municipal Code 3.4.202, residential property owners have an affirmative duty to clean the walkways for which they are responsible within 24 hours after a snowfall ends. Businesses have until 5 pm the following business day to remove snow and ice following the end of the snowfall.

The City of Denver imposes a similar duty upon property owners, occupants, or agents. However, pursuant to Denver City Code Sec. 29-551, the snow and ice must be removed immediately after the end of every snowfall.

Every case is handled individually, but in general, if the property owner is negligent in keeping the walking areas clear, he or she could be liable.

Don't let a winter weather slip and fall injury derail your life. Contact a Colorado Springs premises liability lawyer at The Bussey Law Firm, P.C. for effective and aggressive representation. We will fully assess your claim and go over your options for recovering the compensation you deserve.

Contact us today at (719) 475-2555 to set up a free consultation.

Additional Information

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.

Colorado deadlines and rules that apply to this claim
Injury on someone else's propertyColorado Premises Liability Act — C.R.S. 13-21-115
A claim arising from the use or operation of a motor vehicle3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims2 years — C.R.S. 13-80-102
If you were partly at faultDamages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filedEl Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

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.

Colorado Springs Premises Liability