Colorado replaced common-law premises doctrines with the Colorado Premises Liability Act (CPLA) so courts, property owners, and injured visitors would work from a single playbook.[1]The statute defines who counts as a landowner, what duties they owe, and when a claim survives. Because the CPLA is the sole avenue for recovery, every negligence theory must map back to the statute.
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Colorado Premises Liability Guide
Proving Negligence Under the Colorado Premises Liability Act
C.R.S. § 13-21-115 is Colorado’s exclusive remedy for visitors injured on another person’s land. This walkthrough clarifies how entrant status, notice, and comparative fault combine to make or break a slip-and-fall case.
Confirm the landowner and status
“Landowner” reaches beyond the deed holder to anyone legally responsible for the property’s condition or on-site activities.[1] Once the defendant is identified, classify the injured party:
- Invitees visit for the landowner’s business or after an express or implied invitation to the public. Landowners must use reasonable care to protect invitees from dangers they knew or should have known about.[1]
- Licensees (social guests, for example) can recover for hazards the landowner actually knew about and failed to remedy or warn against.[1]
- Trespassers are limited to damages caused willfully or deliberately, with the statute preserving the attractive nuisance doctrine for children under fourteen.[1]
Spend time on the classification analysis; it governs every other element, from what evidence you must uncover to how jury instructions will read.
Build the negligence elements
1. Duty
Tie the landowner’s duty directly to the entrant status. Cite the relevant statutory subsection in your demand or complaint so adjusters and judges see the duty evidence up front.
2. Breach
Show that the landowner failed to meet the applicable duty by omitting inspection logs for invitees, failing to warn licensees about a known hazard, or willfully ignoring trespassers. Pair photos, repair records, and witness testimony with the statutory verbs (“exercise reasonable care,” “warn,” “not willfully cause harm”) so the breach is unmistakable.
3. Notice
The CPLA’s liability hinges on notice. Invitees may prove actual or constructive knowledge, but licensees must show the landowner actually knew about the danger.[1]Investigate maintenance SOPs, digital work orders, prior complaints, and video to prove the hazard existed long enough that the landowner should have addressed it.
4. Causation
Connect the breach to the injury with accident reconstructions, footwear analysis, or medical expert reports that rebut alternative-cause theories. Establish both “but for” causation and foreseeability. Wet tile leads to hip fractures in the ordinary course of events.
5. Damages
Package medical specials, wage loss, mobility impacts, and future care into a cohesive damages outline. Keep receipts for assistive devices and mileage logs; jurors respond to detailed, organized numbers.
Deadlines and special defendants
Most premises liability suits must be filed within two years of the incident.[2]If a public entity owns or controls the property, you must also deliver CGIA notice within 182 days of discovering the injury or the claim is barred.[3] Calendar both dates the moment you open the file, consult the statute of limitations guide for quick reference, and gather medical documentation quickly so you can articulate damages before the notice deadline expires.
Anticipate comparative negligence defenses
Colorado’s modified comparative negligence statute reduces awards by the plaintiff’s percentage of fault and bars recovery at 50 percent or higher.[4] Expect landowners and insurers to argue that the claimant ignored warning signs, chose unsafe footwear, or was distracted. Counter by documenting lighting conditions, cleaning schedules, and medical impairments that explain why the hazard was not reasonably avoidable.
Practice checklist
- Run the Colorado settlement calculator to bracket damages while you gather liability proof.
- Photograph or scan the scene before conditions change; note weather data, lighting, and any temporary signage.
- Pair these elements with the post-incident checklist so intake teams follow the right evidence steps from day one.
- Request inspection logs, cleaning schedules, and prior incident reports immediately to prevent spoliation.
- Use the slip & fall hub to line up next-step content, including post-incident checklists and valuation guides.