If a store says it never knew about the spill that made you fall, is your claim over?Not necessarily. Colorado premises liability law can allow a claim when the property owner or business actually knew or should have known about an unreasonably dangerous condition and failed to use reasonable care to protect customers. The question is often whether the spill existed long enough, or was otherwise discoverable enough, that the store reasonably should have found and addressed it. A personal injury lawyer can help preserve and evaluate that evidence rather than relying only on the store’s statement that it did not know about the hazard. |
One moment you’re upright. The next you’re on the ground, and your body knows something’s wrong before your brain catches up. Maybe it happened near the doors at Colorado Mills, on a spot dozens of people had already crossed safely. The instinct is to pop up fast and wave off anyone who asks if you’re okay. That instinct works against you. A manager is apologetic at the moment, but an adjuster who calls days later probably won’t.
Now come the questions: how long that puddle sat there, whether anyone knew, whether you somehow caused your own fall. Some of that carries real legal weight, while others may simply be part of the insurer’s investigation. A Lakewood slip & fall accident lawyer who already knows Colorado’s premises liability law won’t let an adjuster’s version of events go unchallenged. What that looks like in practice at Levine Law:
- Two decades in Colorado injury claims. Founder Jordan S. Levine built the Levine Law practice over more than 20 years, including falls where a property owner claimed it never saw the hazard coming.
- A verdict that speaks for itself. The firm’s case results and verdicts include a premises liability win against an insurer that opened at just $500. Full story below.
- Falls are one slice of a wider injury practice. Levine Law handles them on the same contingency terms as every other case it takes. More about the firm.
- The clock here is shorter than most people assume. Lakewood slip and fall claims generally must be filed within two years — a full year less than the deadline tied to a car accident. Reach out to us for a free consultation while that time is still on your side.
A lot of people assume every injury claim runs on the same three-year clock as a car accident. This one doesn’t, and that catches people off guard. Here’s where to start.
What should you do after a slip and fall in Lakewood?
Don’t let embarrassment keep you from being checked out. Adrenaline and a bruised ego both hide real injuries well. Once that’s handled, turn to the evidence that a store or landlord can clean up, fix, or simply stop preserving within days.
- See a doctor even if you walked away on your own. A hip or wrist injury doesn’t always announce itself right away, and a head strike deserves attention whether or not you feel dazed.
- Report the fall to the property before you leave, if you can. Ask for a copy of the incident report, or at minimum get the name of whoever took it. Most businesses generate one automatically, and it rarely favors you once time has passed.
- Photograph the hazard itself, not just your injury. The puddle, the ice, the broken step, the missing mat. It may be mopped up, salted, or repaired within the hour.
- Ask about cameras. Many stores and apartment complexes keep surveillance footage only two to four weeks before it’s overwritten. Requesting it in writing early can preserve the one piece of evidence that shows exactly how long the hazard sat there.
- Track down anyone who saw it before they walk off. An employee or bystander who witnessed the fall, or who knows how long the hazard had been sitting there, is worth having contact information for.
- Don’t give a recorded statement without a lawyer first. A seemingly casual question about your shoes or whether you were on your phone can end up laying the groundwork to pin the fall on you.
What actually happens after a slip and fall claim in Lakewood?
Most people underestimate how much work goes into proving a property owner knew, or should have known, about a hazard before it hurt someone. That proof gets built in roughly four stages, and each one is a chance to either lock in evidence or lose it for good.
- The immediate aftermath. An incident report gets written, and wherever cameras exist, footage sits somewhere showing the hazard and how long it had been there. Both tend to vanish quickly — the report into a file nobody’s obligated to hand over, the footage into an automatic overwrite.
- The week or two after. Ongoing treatment starts generating the medical paper trail an insurer will eventually have to reckon with. It’s also the last realistic window to request maintenance and inspection logs before a business claims it doesn’t keep them that long.
- Once your recovery has a shape to it, a treating doctor can finally say what’s ahead, particularly for a hip or back injury, and a claim can’t really be priced with any confidence before that.
- The demand stage. Everything hinges on whether notice of the hazard can actually be shown — a strong demand depends on that question being settled first.
What usually causes slip and fall accidents in Lakewood?
Most falls trace back to a hazard that existed long enough for someone to have caught it, whether the property ever checked or not. Lakewood adds its own version of the problem. Aging strip-mall parking lots line Colfax Avenue, and a major outlet mall in Colorado Mills draws heavy foot traffic through its entrances. On top of that, a Front Range winter brings snow and ice several months of the year.
- Wet or recently mopped floors, especially near entrances during snow season, when a warning sign either never goes up or comes down too soon.
- Snow and ice left on walkways. Lakewood’s own ordinance gives property owners and residents 24 hours after a storm ends to clear adjacent sidewalks. A walkway still icy well past that window is often also evidence of negligence.
- Cracked pavement and potholes in parking lots are common in older shopping centers where resurfacing gets deferred year after year.
- Broken or missing handrails on stairs. A defective interior staircase is exactly what led to one of the firm’s own premises liability verdicts, detailed further down this page.
- Poor lighting in stairwells and parking structures, which hides a hazard a tenant or shopper would otherwise have seen and avoided.
- Loose mats, rugs, or clutter left in walkways, particularly in retail aisles and apartment common areas.
What injuries come up most often in these falls?
A fall from standing height can do more damage than people expect, especially when it happens fast enough that there’s no time to catch yourself properly.
- Hip fractures, which can mean surgery and a long recovery, and which fall especially hard on older adults.
- Wrist and forearm fractures, from instinctively throwing a hand out to break the fall.
- Torn ligaments and knee injuries, when a foot slides out from under you and the knee twists instead of just buckling.
- Traumatic brain injuries, when the head snaps back into pavement, tile, or a concrete step on the way down.
- Spinal and back injuries, from landing squarely on the tailbone or back, sometimes without a single visible mark.
A fracture or a herniated disc doesn’t always show up on the first exam. Mention every symptom to a provider as it appears, however minor. An insurer watches for that kind of delay and argues the symptom must have come from somewhere else.
Does it matter if the property owner says they didn’t know about the hazard?
It matters. Colorado’s Premises Liability Act (C.R.S. § 13-21-115) sets a different duty depending on why you were on the property.
- As a customer or other invitee, the most common category in a slip-and-fall claim, the owner owes you reasonable care. That means protection against dangers they actually knew about, or reasonably should have known about.
- A social guest, a licensee, is owed less: care only against dangers the owner actually knew about and failed to warn of.
- A trespasser is owed the least of all.
That “should have known” standard is where most real disputes live. An owner doesn’t get to ignore a hazard and then claim ignorance protected them. Whether a reasonable inspection routine would have caught the spill, the ice, or the broken step before you did is usually the whole case. The answer comes from the evidence described above: how long the hazard was visible on camera, and what the maintenance log shows about the last inspection.
Who can be held responsible after a Lakewood slip and fall?
Liability in a Lakewood slip-and-fall case often starts with a simple question: who had control over the area where you fell, and what responsibility did that person or entity have for keeping it reasonably safe? That is not always the same as asking who owns the property. A landlord, tenant, property manager, government entity, or maintenance contractor may have different responsibilities depending on the location of the hazard, the agreements between the parties, and what caused the fall.
- The store or business, when an unsafe condition in an area it controls contributed to the fall or the business knew or should have known about the condition and failed to address it.
- A landlord or property management company, when the hazard was in a common area such as a stairwell, hallway, entrance, or parking lot that the landlord or manager was responsible for maintaining.
- A commercial tenant, when the dangerous condition was inside a leased space that the tenant controlled and had a responsibility to maintain.
- A government entity, when the fall occurred on public property, such as a public sidewalk or government building, and the legal requirements for governmental liability are met. These claims can involve the Colorado Governmental Immunity Act, including its shorter notice requirements.
- A snow-removal or maintenance contractor, when the evidence shows that a company hired to clear snow, treat ice, or maintain the property failed to perform its work with reasonable care and that failure contributed to the fall.
Why liability gets complicated fast
A fall may happen in one place, but the legal responsibility for that place can be divided among several people or entities. A store may occupy a building it does not own. A property manager may oversee a parking lot while a contractor handles snow removal. And even when a business had responsibility for the area, the claim may still turn on whether it knew or should have known about the dangerous condition and had a reasonable opportunity to address it.
Your own actions can also become part of the analysis. Under Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111), an injured person’s recovery can be reduced according to their percentage of fault, and the statute bars recovery when the injured person’s negligence is equal to or greater than the negligence of the person or parties from whom recovery is sought. That means questions such as whether you were distracted, where you were walking, or whether you could reasonably have avoided the hazard may matter, but they need to be considered alongside the property’s condition and the responsible party’s conduct.
The useful question is not simply who owned the property. It is who controlled the area, what they knew or should have known, what they were responsible for doing, and what the evidence shows about how the fall happened. Those details can make a straightforward-looking slip-and-fall claim considerably more involved.
What can you recover after a Lakewood slip and fall?
The compensation available after a Lakewood slip and fall can include economic losses, noneconomic losses, and damages for physical impairment or disfigurement, depending on the injuries and evidence in the case. Economic losses are tied to measurable financial costs, while noneconomic damages address the less tangible effects of an injury. Colorado law separately addresses physical impairment or disfigurement when applying its limits on noneconomic damages.
- Economic damages. These can include medical expenses, rehabilitation, future medical care, and lost income or earning capacity. A serious fall involving a hip or knee injury, for example, may involve surgery, physical therapy, time away from work, and ongoing treatment.
- Noneconomic damages. These can include pain and suffering, inconvenience, emotional distress, and the effect an injury has on your ability to enjoy or participate in everyday activities.
- Physical impairment or disfigurement. Lasting effects such as reduced mobility, a permanent limp, or significant scarring may support compensation for physical impairment or disfigurement. Colorado law specifically distinguishes these damages when applying the statutory limitation on noneconomic losses.
Why calculating damages can be complicated
The difficult part is often understanding how the injury will affect you beyond the first round of medical bills. A hip injury, for example, may involve surgery and rehabilitation now but also affect mobility, work, or daily activities months or years later. The available compensation can also depend on whether the property was privately owned or involved a government entity, because different legal rules and limitations may apply.
For claims against private defendants, Colorado’s general noneconomic-damages cap is $1.5 million for civil actions filed on or after January 1, 2025, subject to the statute’s terms and future inflation adjustments beginning in 2028. The cap applies to noneconomic losses; it does not eliminate the ability to seek supported economic damages.
Claims involving a government entity require a separate analysis under the Colorado Governmental Immunity Act. Governmental immunity can affect both whether a claim may proceed and the amount that can ultimately be recovered, so the applicable statutory limits should be determined based on the particular public entity and the date of the injury.
Understanding those rules can feel like another burden when you’re already focused on recovering. A clearer picture of the medical, financial, and long-term effects of the injury can help you understand what needs to be documented and what questions need to be addressed as the claim develops.
How long do you have to file a claim after a Lakewood slip and fall?
Colorado’s general personal injury statute (C.R.S. § 13-80-102) gives you two years from the date of the fall to get a lawsuit on file. That’s shorter than the three-year window that applies when a motor vehicle is involved in a crash. It is completely understandable how this distinction creates confusion for so many people who have reasonably assumed the three-year timeline applies to all injury claims.
Lakewood sits entirely in Jefferson County, so a suit here is typically filed in the Jefferson County District Court, 1st Judicial District, in Golden.
Pitfall alert
If your fall happened on public property — a city sidewalk, a public building, a park path — a separate and much shorter deadline runs alongside the two-year one. The Colorado Governmental Immunity Act requires written notice to that agency within 182 days of the fall. Missing that notice generally bars the claim against the public entity entirely, even though the rest of your two years keeps running.
Why do you need a lawyer after a Lakewood slip and fall?
A slip-and-fall claim can become more complicated than the circumstances of the fall initially suggest. The important questions may include who controlled the area, whether they knew or should have known about the hazard, what evidence can establish that, and which deadlines apply. When those questions overlap, having someone who understands Colorado premises liability law can help bring the different pieces together.
Where the claim can become complicated
- The proof of notice is in the other side’s hands. Showing that the owner should have known about the hazard means rebuilding how long it was there. The footage, sweep logs, and employee accounts that answer that question belong to the property, and many camera systems record over old video within days.
- Two deadlines can run at the same time. A fall on a sidewalk outside a business can involve both a private owner and a public entity. The claim against the owner has two years, but the claim against the public entity needs written notice within 182 days. A wrong guess about who owns the ground can cost you the shorter one.
- Control of the spot can be split. A landlord may own the building while a tenant runs the store and a contractor handles snow and ice. Each can point at the others. Under Colorado’s pro-rata liability law (C.R.S. § 13-21-111.5), every defendant covers just its own percentage of the fault. Leave a responsible party out of the claim, and that party’s percentage may go unpaid.
- The injury may still be changing. A hip fracture or a head injury can need another surgery or months of therapy before anyone knows the full cost. Settling before that picture is clear means putting a price on a guess.
Each of these complications is also where a lawyer’s work makes the biggest difference.
How can a Lakewood slip & fall accident lawyer help?
A lawyer can help connect those questions to the evidence needed to support your claim. That may begin with identifying who controlled the property and preserving evidence before surveillance footage is overwritten or records become harder to obtain.
A lawyer may also:
- Investigate the condition that caused the fall. This can include requesting surveillance footage, inspection logs, incident reports, maintenance records, photographs, and witness information.
- Identify the responsible parties. Counsel can review property records, leases, maintenance arrangements, and other documents to determine who had responsibility for the area.
- Track the applicable deadlines. If a government entity or another party with special procedural requirements is involved, a lawyer can identify those requirements early in the claim.
- Document the full effect of the injury. Medical records, treatment plans, wage information, and evidence of lasting limitations can help establish losses that may not be apparent immediately after the fall.
- Handle the insurance process. A lawyer can communicate with insurers, evaluate settlement offers against the available evidence, and help you understand what is being offered before you decide how to proceed.
You do not have to figure out every part of a slip-and-fall claim while you are recovering. Having the legal and factual questions organized early can give you a clearer understanding of what happened, who may be responsible, and what evidence is needed to support the claim.
How does a slip and fall claim work in Colorado?
A Lakewood slip and fall claim typically runs through four phases. A case review comes first, then evidence-gathering centered on the hazard and the notice question, then a documented demand with negotiation, and, for a minority of claims, a lawsuit. Negotiation resolves most of them before that last step is ever needed.
- Case review. We piece together how the fall happened, tally what it’s cost you, and gauge whether notice can be shown before the filing deadline closes in.
- Evidence gathering. The incident report, any surveillance footage, and maintenance records get requested before they disappear, alongside medical records and witness statements.
- Demand and negotiation. A documented demand goes to the property’s insurer once the file is complete, and negotiation begins from there.
- Filing suit. The minority of claims that need it get filed in the Jefferson County District Court.
What can change the course of your case?
A handful of specific facts tend to push a Lakewood claim off the usual path. Private versus government ownership of the property decides both the filing deadline and which damages cap applies. How fast surveillance footage got requested can determine whether the notice question is even answerable anymore. And because a fair demand usually waits on your prognosis, a slow recovery pushes the whole timeline out. Getting these questions in front of a lawyer early, before evidence disappears, tends to pay off the most.
How do you choose a lawyer for a slip and fall claim?
Checking a firm’s actual track record, and how well it knows Colorado’s premises liability law, is worth doing before you ever sign anything. Here’s how Levine Law holds up:
- Does its record show real recoveries, or just marketing language?
Levine Law’s premises liability work includes a $ 392,000-plus-interest verdict for a tenant hurt by a defective staircase, won after the insurer’s opening offer was $500. A past result is never a promise about the next one, but it beats taking a firm’s word for it.
- Has the firm actually challenged a “we didn’t know” defense?
That fight sits closer to the center of a slip and fall claim than it does in most other injury cases. Ask a firm you’re considering whether it has pushed back on a property owner’s claim of ignorance, and what came of it.
- How much does the firm actually know about the court you’d be in?
Familiarity with local judges and procedure tends to move a case faster. Levine Law’s attorneys spend plenty of time in Denver-metro courts, the Jefferson County District Court included, where a Lakewood claim is typically filed.
- Is its reputation something outside sources back up?
An independent peer rating or legal directory carries more weight than a firm’s own marketing. Levine Law’s attorneys hold Martindale-Hubbell’s AV Preeminent rating and are separately recognized by Super Lawyers and the National Trial Lawyers.
- And if the case comes up empty, will I have to pay the attorney fees?
No, under a contingency arrangement — worth nailing down before you sign with anyone. Levine Law takes slip and fall cases this way: free consultation, and our attorney fees come from a percentage of the settlement won.
What do clients say about working with Levine Law?
Levine Law’s reviews sit under the firm’s real name on Google, Yelp, Avvo, and Lawyers.com, open for anyone to read in full.
“My child was injured in a deck collapse incident. I appreciate that Andrew Phillips initially came to my house to meet with my daughter and me and let us know they could help us. The communication was outstanding. I never had to call in; Jenni Lesmeister was in constant contact with us and kept us in the loop as we went through the different stages. Andrew did an excellent job preparing my daughter for her deposition & mediation. Another thing I appreciated was the honesty of Andrew and the Levine team. They made sure we completely understood all sides of our case. Thank you, Andrew & Jenni, for all your hard work in making things right as my daughter went through the healing process. You guys are AWESOME!!!” — Patricia W., Yelp review.
More verified reviews are posted on our site.
Client reviews reflect individual experiences and are not a guarantee of any particular result.
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Call Levine Law Today at 303-333-8000 and Get Our Injury Lawyers Fighting for Your Rights.
What results has Levine Law obtained in similar cases?
Here’s an example of what Levine Law has secured for a client hurt in a fall caused by someone else’s negligence:
- $392,000 plus interest verdict — a tenant fell down an interior staircase with defective steps about 18 months into her lease, breaking her ankle and running up roughly $77,000 in medical expenses. The landlord’s insurer initially offered $500 to settle. The case went to verdict instead.
Additional results are posted on our Cases & Verdicts page.
Prior results don’t guarantee a similar outcome. Every case is decided on its own facts.
What areas does Levine Law serve near Lakewood?
We represent slip and fall victims throughout Lakewood, including the Belmar district, the Colorado Mills shopping corridor, and along Colfax Avenue and Wadsworth Boulevard.
We handle cases from these nearby communities too:
Falls aren’t the only Lakewood claims we take on — motorcycle accidents, bicycle accidents, rideshare accidents, and other serious-injury cases too.
Where can you find local resources after a fall?
Hospitals & Emergency Care
- St. Anthony Hospital — Level I Trauma Center; 11600 W 2nd Pl, Lakewood, CO 80228.
- Denver Health Medical Center — Level I Trauma Center; 777 Bannock St, Denver, CO 80204.
Reporting the Hazard
- Submit a Customer Service Request — the city’s own system for reporting an uncleared sidewalk or a hazard on public property.
Courts
- Jefferson County District Court, 1st Judicial District — 100 Jefferson County Parkway, Golden, CO 80401.
Regulatory & Safety Reference
- City of Lakewood — Snow and Ice Control — the city’s own explanation of the 24-hour sidewalk-clearing rule.
- Colorado Premises Liability Act, C.R.S. § 13-21-115 — the statute’s full text on landowner duties.
We provide these resources for convenience only. We don’t endorse or profit from them.
Lakewood slip and fall Frequently Asked Questions
Do I have to prove the store knew about the hazard before I fell?
Not exactly. Under C.R.S. § 13-21-115, a property owner owes most visitors reasonable care against dangers they actually knew about or reasonably should have known about. Showing the hazard existed long enough that a routine inspection should have caught it can be enough, even without proof the owner actually saw it.
What if I was partly to blame for not watching where I was going?
It can reduce what you recover, but it doesn’t automatically end your claim. Colorado’s comparative negligence rule (C.R.S. § 13-21-111) reduces your recovery by your own share of fault, and only bars it entirely once that share reaches 50%.
What if I fell on a public sidewalk instead of inside a store?
The claim still exists, but the deadline gets much shorter. The Colorado Governmental Immunity Act requires written notice to the responsible government entity within 182 days, far sooner than the general two-year filing deadline.
How long do I have to file a claim after a Lakewood slip and fall?
Two years from the date of the fall under C.R.S. § 13-80-102, shorter than the three-year deadline that applies when a motor vehicle is involved in a crash.
Is there a cap on what I can recover?
Only on non-economic damages against a private property owner, capped at $1.5 million for cases filed on or after January 1, 2025. A government entity is capped on an entirely different scale: $505,000 per person under the Colorado Governmental Immunity Act. Neither cap touches economic damages or the separate physical impairment category.
How much does a Lakewood slip and fall lawyer cost?
Nothing upfront. Levine Law takes these cases on contingency. The fee comes out of a settlement or verdict, never out of pocket, and never unless we win. The initial consultation is free.
Talk to a Lakewood slip and fall lawyer today.
If you or someone in your family was hurt in a fall on someone else’s property in Lakewood, Levine Law is ready to help, day or night. We’ll dig into your claim, sort out who was actually responsible, and walk you through your options at no cost.
Contact us online for a free, no-obligation consultation.
Attorney Reviews and Office Information
This content has been reviewed by the attorneys at Levine Law for accuracy and compliance with Colorado law. Legal services are provided by attorneys licensed to practice in Colorado.
Denver Office
Levine Law LLC
4500 Cherry Creek S Dr #400
Denver, CO 80246
24/7 Hotline: (303) 333-8000
Colorado Springs Office
Levine Law LLC
102 S Tejon St #1100
Colorado Springs, CO 80903
Phone: (719) 642-6220
Other Cases We Handle in Lakewood
Slip and fall claims are one part of what we handle. Our other Lakewood practice areas include:
- Car Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Rideshare Accidents
- Truck Accidents
- Pedestrian Accidents
- Premises Liability
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Wrongful Death
This content is for informational purposes only and doesn’t constitute legal advice. Reading it doesn’t create an attorney-client relationship. Past results don’t guarantee future outcomes. Every case is evaluated on its own facts.