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Personal Injury

Premises Liability in Colorado: What Property Owners Owe You

Jason Savela7 min read

Colorado law places different duties on property owners depending on why you were on the property. Understanding those distinctions is key to any slip and fall or premises liability claim.

When you are injured on someone else's property, your right to recover compensation depends in large part on your legal status as a visitor. Colorado law distinguishes between invitees, licensees, and trespassers — and the duty of care owed to each is different.

An invitee is someone who enters property with the owner's express or implied invitation for a purpose connected to the owner's business or for a purpose for which the land is held open to the public. Customers in a store, patrons in a restaurant, and visitors to a public park are all invitees. Property owners owe invitees the highest duty of care: they must exercise reasonable care to inspect the property, discover dangerous conditions, and either repair them or warn visitors.

A licensee is someone who enters property with the owner's permission but for their own purposes rather than the owner's benefit — a social guest, for example. Property owners owe licensees a duty to warn of known dangerous conditions that the licensee is unlikely to discover on their own, but they are not required to inspect for unknown hazards.

Trespassers enter property without permission. In general, property owners owe trespassers only a duty to refrain from willful or wanton conduct that causes injury. However, Colorado recognizes an important exception for child trespassers under the attractive nuisance doctrine — if a property contains a condition that is likely to attract children who cannot appreciate the danger, the owner may be liable even if the child was trespassing.

To prevail in a premises liability claim in Colorado, you must prove that the property owner knew or should have known about the dangerous condition, that the condition posed an unreasonable risk of harm, that the owner failed to take reasonable steps to address it, and that the condition caused your injury.

Colorado's comparative fault rules apply to premises liability claims. If you are found partially at fault for your own injury — for example, because you ignored a warning sign or were not paying attention — your recovery will be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover at all.

Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every legal situation is unique. If you have questions about your specific circumstances, contact The Savela Law Firm, P.C. directly.

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