Slip-and-fall cases in Colorado can be difficult to win due to the law’s complexity. Colorado's Premises Liability Act categorizes injured parties as trespassers, licensees, or invitees. Each category has different requirements for recovering damages in slip and fall cases.
Trespassers can only recover damages for intentional harm.
Licensees, such as house guests, have the owner’s consent to be on their property. They can recover for the owner’s unreasonable failure to protect against known dangers.
Invitees include customers and workers who have consent to be on the owner’s property. They have the broadest protection. They can recover damages for dangers the property owner knew or should have known about.
Classifying individuals can be challenging because the lines between these categories can be blurry. If you’ve been injured on someone’s property, determining your status is crucial to your ability to recover damages.
The legal term for a slip and fall case is called a Premises Liability Claim.
In Colorado, you have two years from the date of the injury incident to file a slip and fall claim. However, if your injury occurred on government property, the Colorado Governmental Immunity Act comes into play. This requires filing a notice with the governmental landowner within 182 days, or six months, of the incident.