How long does a hazard have to sit before an Aurora property owner is liable?The Colorado Premises Liability Act (C.R.S. § 13-21-115) doesn’t set a fixed number of minutes or hours. Instead, it considers whether the property owner knew or reasonably should have known about the hazard and failed to address it. Surveillance footage, cleaning logs, and staff schedules from a store along Havana Street or near Southlands can help establish that timeline, making early evidence collection important when working with an Aurora personal injury attorney. |
A dim, wet apartment stairwell or breezeway off East Colfax Avenue can drop you before you even register the danger — and none of it was your fault. A single fall can break a hip, hurt your spine, or cause a concussion in seconds, yet the property’s insurer is often already building a case that you were to blame. An Aurora personal injury lawyer can take on that fight so you can put your energy into healing.
- 20 years of Colorado injury law behind us: Jordan S. Levine founded Levine Law more than two decades ago, and our Aurora attorneys carry that experience today. Learn about our firm and the team who would handle your case.
- A record you can verify: Browse our multi-million-dollar case results and verdicts and read the client reviews left by people we’ve represented. We take on cases from car accidents to other injury claims.
- No charge for a first conversation: Contact our Denver office, and see the awards and recognition our attorneys have earned. We work on contingency, so you pay nothing unless we win.
Most Colorado slip and fall claims must be filed within two years (C.R.S. § 13-80-102). Acting early protects proof like the incident report and surveillance video before it disappears. For claims filed in 2025 or later, the cap on pain-and-suffering damages rose to $1.5 million.
What should you do immediately after a slip and fall in Aurora?
What happens in the first hours after a fall can shape your entire claim, since key evidence disappears fast and the property’s insurer won’t be sitting still. Here’s what matters most:
- Report it in writing. Tell the store manager, landlord, or property manager, and ask for a written incident report. Get the name of the person you spoke with. Aurora’s big-box stores along the I-225 corridor make these reports all the time, but you must ask for a copy.
- Photograph the exact hazard — the puddle, the ice, the torn mat, the broken stair — before it is mopped, salted, or fixed. It disappears fast.
- See a doctor right away. Serious falls send Aurora patients to UCHealth University of Colorado Hospital on the Anschutz Medical Campus, a Level I trauma center, or to The Medical Center of Aurora. Quick records tie a hip fracture or head injury to the fall.
- Keep your shoes and clothing unwashed, and keep as evidence.
- Get witness names. Independent witness contact info matters most when your account and the owner’s conflict later.
If you fell on a public sidewalk or in a City of Aurora building, a special 182-day government-claim deadline applies.
What actually happens after a slip and fall in Aurora?
Security videos, for instance, at a store in the Town Center at Aurora are often recorded over within a few days. Spills get cleaned up and ice melts quickly, so proof of what happened disappears fast. By the time you call a lawyer, the evidence might already be gone.
The property owner’s insurance company will not wait to act. They might call you within a day or two to ask for a recorded statement, or they might suggest that you weren’t watching where you were going. Do not give a recorded statement or say too much before you know how serious your injuries are, as your words could be used against you later. Stick to the basic facts and wait until you have spoken to a lawyer. A lawyer can send a letter immediately to stop the business from deleting video footage that could prove your case.
What are the most common causes of slip and fall accidents in Aurora?
Most Aurora slip and fall injuries trace back to a hazard the property owner failed to fix or warn about, and Colorado’s freeze-thaw winters make ice the most common and most fought-over cause of all. The usual hazards:
- Ice and snow. Slippery walkways and parking lots are a major risk. In Aurora, property owners are usually required to clear the public sidewalks near their buildings shortly after a storm. If they don’t, they could be held responsible for a fall.
- Spills and wet floors. Freshly mopped floors without warning signs cause many accidents. This often happens in grocery stores, restaurants, or medical offices.
- Broken walking surfaces. This includes cracked sidewalks such as along East Colfax Avenue, potholes in parking garages, or floor mats that are torn or loose.
- Poor lighting and unsafe stairs. Dark hallways and broken handrails are dangerous and cause you to trip or fall.
- Falling objects. Loose store shelves, crumbling ceilings, or tree branches hanging over a path can be just as dangerous as a slippery floor.
The weather is a big part of the problem. Whether you are shopping at Southlands or walking to a Regional Transportation District (RTD) R Line stop, an icy spot that a business forgot to salt can lead to a bad accident.
What types of injuries are common in Aurora slip and fall accidents?
Slip and fall injuries can be far more serious than people expect — falls are a leading cause of head trauma and broken bones. How severe the injury is usually drives both the medical timeline and the value of the claim. The injuries we see most are the following:
- Hip and pelvic fractures, which are very serious for older adults and often need surgery and long rehab. In 2019 data, falls were responsible for 83% of hip fracture deaths and 88% of emergency room visits or hospital stays related to hip fractures.
- Wrist, arm, and shoulder fractures from bracing during a fall. Roughly 80% of wrist fractures in older adults happen this way.
- Traumatic brain injuries (TBI) — head injuries that range from a concussion to lasting harm when the head hits the floor, ice, or a stair edge. Falls cause nearly half of all TBI-related hospitalizations.
- Spinal cord and back injuries, which can cause chronic pain or partial paralysis. Falls account for about 32% of spinal cord injuries nationwide.
Head and spinal injuries can get worse over days. A prompt exam at a place like UCHealth on the Anschutz Medical Campus protects both your health and your claim.
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Who is liable for a slip and fall in Aurora?
Liability falls on whoever controlled the property and failed to keep it reasonably safe. The Colorado Premises Liability Act (C.R.S. § 13-21-115) is the law here. In plain terms, it is a property owner’s duty to keep the place safe. Under the law, visitors are divided into three groups based on why they are on a property, which determines how much responsibility the property owner has for their safety:
- Invitees (Customers): If you are visiting a business, the owner has the highest duty of care. They must fix or warn you about any dangers they knew existed, or any dangers they should have been aware of.
- Licensees (Guests): If you are on a property with permission for your own reasons, the owner’s responsibility is lower. They are only responsible for warning you about dangers they actually knew about.
- Trespassers: If you are on a property without permission, you have the fewest legal protections. The owner is only legally responsible if they hurt you on purpose.
The at-fault party depends on where and how the fall happened:
- Private businesses — grocery and retail stores, restaurants, and bars are liable when an employee or manager knew (or should have known) about a spill, ice patch, or damaged flooring and failed to fix or warn about it.
- Landlords and property-management companies — generally responsible for hazards in shared areas like stairwells, hallways, parking lots, and lobbies. Tenants typically bear responsibility for hazards inside their own leased unit.
- HOAs — liable for falls on sidewalks, walkways, pools, and other common areas the association is contractually obligated to maintain.
- Government entities — if you fall on public property, such as a City of Aurora building, sidewalk, or an RTD R Line platform, a strict 182-day deadline to give written notice applies under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109). Miss it, and the claim can be barred entirely — no matter how strong the underlying case is.
Colorado also uses a rule about how blame is split, called modified comparative negligence. If you are 49% or less at fault, your payment is cut by your share of blame. At 50% or more, you get nothing. Insurers know this, so arguing that you should have seen the hazard is a common tactic.
Attorney insight: What makes Aurora slip and fall cases complex?
Slip-and-fall claims rise or fall on proving the owner should have known about a hazard that often melts or is mopped away — harder to prove than most injury cases.
What makes Aurora slip and fall claims complex:
- The court, not a jury, decides your visitor status. Under the Colorado Premises Liability Act (C.R.S. § 13-21-115), a judge rules whether you were an invitee, licensee, or trespasser. That ruling sets how much care the owner owed you.
- Proving notice is the central issue. You must show the store or landlord knew, or should have known, about the spill, ice, or broken step and had a fair chance to fix it. Cleaning and inspection logs often decide the point.
- Snow-and-ice cases raise their own fights. Colorado’s freeze-thaw winters spark arguments over whether ice built up naturally and whether the owner had reasonable time to clear it after a storm.
- Venue can shift within Aurora. Because the city spans Arapahoe, Adams, and a sliver of Douglas County, a north-Aurora fall can land in the 17th Judicial District (Adams) instead of the 18th (Arapahoe).
- Evidence fades fast, and public property has a hard deadline. Surveillance video is often taped over within days, and a fall on City of Aurora or RTD property triggers the Colorado Governmental Immunity Act 182-day notice deadline — miss it, and the claim is barred.
Getting a case trial-ready starts long before a courtroom date: locking down physical and digital evidence, consulting medical providers and safety experts as needed, documenting how the injury has changed your day-to-day life, and building the file as though a jury will eventually see it.
What damages can you recover after an Aurora slip and fall?
After a slip and fall in Aurora, Colorado law lets you pursue two categories of compensation: economic damages, which cover measurable financial losses, and non-economic damages, which cover the human cost of what happened to you. Only the non-economic side is capped by statute (C.R.S. § 13-21-102.5) — economic losses are not.
Economic damages can cover:
- Medical care, now and later — ER visits, surgery, physical therapy, and any ongoing treatment your injury requires.
- Income you’ve lost, and income you’ll lose — both the paychecks missed so far and any hit to your future earning power.
- Other costs the fall caused, like home modifications, medical equipment, and transportation to appointments.
Non-economic damages can cover:
- Emotional distress — the fear, anxiety, or trauma that followed the fall.
- Physical pain and suffering — the day-to-day discomfort your injuries cause.
- Permanent scarring or disfigurement — lasting marks left by the injury or the surgery to fix it.
- Damage to your relationships — the strain a serious injury puts on family and loved ones.
- The parts of life you’ve lost — hobbies, activities, and routines you can no longer enjoy the way you used to.
Even though non-economic losses are personal, they still carry a real price tag — ongoing therapy and pain management cost money, and a visible scar can affect your ability to work. Colorado law lets you pursue both: compensation for the bills the fall created, and compensation for what it took from you.
Legal note on Colorado’s damage caps
For claims filed on or after January 1, 2025, Colorado raised its cap on pain-and-suffering (non-economic) damages to $1.5 million under HB 24-1472. This is the cap for an injury claim. Money losses like medical bills and lost wages stay uncapped. In cases of extreme or reckless conduct, extra “punitive” damages may be available under C.R.S. § 13-21-102. Careful records are what separate a claim valued in full from one valued short.
How long do you have to file a slip and fall claim in Colorado?
You usually have two years from the date of the fall to file a slip and fall lawsuit in Colorado under C.R.S. § 13-80-102. This is the general injury deadline. It is important to know it is shorter than the three-year window Colorado gives for car crashes.
Do not assume you have three years just because you heard that figure for car accidents. Slip and fall, premises liability, and most other injury claims follow the two-year rule. Settlement talks never pause the clock — only a filed lawsuit stops it.
Pitfall alert: the 182-day deadline on public property
If you fell in a City of Aurora building or park, on an RTD R Line platform, or on other government-owned property, a much shorter clock applies. Under the Colorado Governmental Immunity Act, you must give a written notice of claim within 182 days of learning of the injury. Miss it, and the claim is barred — no matter how much time is left on the two-year deadline.
What if you did not report the fall or the hazard is gone?
In a slip and fall, “reporting” means telling the property and getting the moment on record — not calling the police like a car crash. If you never filed an incident report and the video is erased, your claim gets much harder to prove. But it is not always lost. The gaps we work around:
- No incident report. If you did not tell a manager or file a report, an insurer will likely argue the fall never happened as you describe. A lawyer can still rebuild proof from medical records, receipts showing you were there, and witnesses.
- Erased surveillance. Aurora stores often tape over video within days. A quick evidence-preservation letter tells the owner to save it, and it can be the strongest proof of the hazard.
- A cleaned-up hazard. Once the ice is salted or the spill is mopped, your own photos, witness accounts, and the store’s cleaning and inspection logs become key.
The takeaway: report the fall in writing, save your photos, and act fast so a lawyer can lock down the video and records before they disappear.
Why do you need a slip and fall lawyer in Aurora?
Property insurers are built to pay as little as possible, and a lawyer’s job is to make sure that doesn’t happen at your expense. That matters most in slip and fall cases, where the main fight is proving the owner’s notice of the hazard — that they knew, or should have known, about it. A few reasons the odds favor the insurer if you go it alone:
- Property insurers protect their bottom line. They often argue the hazard was “open and obvious” or that you were not paying attention.
- Adjusters sometimes dangle an early settlement offer while you’re still mid-treatment, hoping you’ll take it before the real cost of your injury is known.
- Key evidence — surveillance video, the incident report, cleaning and inspection logs — is held by the property owner and disappears without quick legal action.
Opponent playbook
In falls at a Southlands store or a parking garage near the Anschutz campus, insurers often argue the ice or spill was obvious and that a careful person would have avoided it. This “open and obvious” defense is aimed straight at Colorado’s 50% fault bar. Even a small share of blame cuts your recovery. Countering it means moving quickly to secure the surveillance footage, the store’s incident report, snow-removal and inspection records, and independent witness accounts before any of it is lost or recorded over.
Insurance companies might try to blame an injury on your age or an old health problem instead of the fall. However, Colorado follows the eggshell plaintiff rule. This rule was confirmed by the Colorado Supreme Court in Schafer v. Hoffman, 831 P.2d 897 (Colo. 1992). It means a property owner is responsible for the full harm they caused, even if the victim was already frail. Doctors can use your medical records from before and after the fall to prove the accident caused your new injuries.
How a slip and fall lawyer help in Aurora
A slip and fall lawyer can take on the insurance company while you focus on getting better. Because these cases often turn on proving what the property owner knew about the hazard, having a lawyer can make it easier to gather evidence, build your claim, and push back against arguments that you were partly at fault.
- Investigate the hazard: Your lawyer can gather surveillance footage, incident reports, inspection logs, cleaning records, and witness statements before important evidence disappears.
- Prove notice: They can look for evidence showing the property owner knew, or reasonably should have known, about the dangerous condition.
- Challenge blame: If the insurer argues that the hazard was obvious or that you were not paying attention, your lawyer can challenge those claims and protect your right to compensation.
- Handle insurance companies: Your lawyer can manage communications and negotiations with the insurer, including reviewing settlement offers to make sure they reflect your actual losses.
- Document your injuries: Medical records and expert testimony can help connect your injuries to the fall and address arguments that an old injury or health condition caused your symptoms.
- Prepare for trial: If the insurer refuses to offer a fair resolution, your lawyer can prepare the case for litigation and advocate for you in court.
What does the slip and fall claim process look like?
Most legal claims follow the same basic steps. If the insurance company refuses to pay a fair amount, we will file a lawsuit in the court where the accident happened.
- Free meeting: We will talk about your fall, what caused it, and your injuries.
- Investigation: We will collect evidence, like the incident report, video footage, photos, maintenance records, medical files, and statements from witnesses.
- Demand and negotiation: We will send a formal request for payment and negotiate with the insurance company for you.
- Settlement or lawsuit: If we cannot reach an agreement, we will start a lawsuit. Most Aurora accident cases go to the Arapahoe County District Court. If your fall happened in north Aurora, your case might go to the Adams County District Court instead.
The time this process takes depends on how badly you were hurt and how busy the court is.
How do you choose the right Aurora slip and fall lawyer?
Look for real experience with premises cases, knowledge of the Arapahoe and Adams County courts and Front Range property insurers, clear communication, and real trial readiness — not marketing slogans.
Does the lawyer have relevant experience handling premises cases like yours?
For more than 20 years, Levine Law has represented injured people across the Denver metro in serious injury claims, including falls and other premises cases. A track record with cases like yours matters far more than advertising.
Does the lawyer have deep knowledge of the local courts and insurers?
Founding partner Jordan S. Levine helped set Colorado law on holding insurers accountable for mishandling injury claims in Crowell v. ICAO — the same insurer accountability that shapes many premises claims.
Is the lawyer ready to take your case to court?
Insurance companies are more likely to offer fair settlements if they know your lawyer is prepared to go to trial. You should look for a firm with a strong reputation and top ratings, like the ones our attorneys have earned. Levine Law’s attorneys carry an AV Preeminent rating — Martindale-Hubbell’s highest peer rating for legal ability and ethical standards — and have earned recognition from Super Lawyers and the National Trial Lawyers
Will I have to pay upfront?
There’s no attorney’s fee unless Levine Law recovers for you. The firm works on contingency — “No Win, No Fee”, and consultations are free.
At Levine Law, we understand the challenges that can follow a slip and fall accident. Our Colorado personal injury team helps you handle insurance claims, gather the evidence needed to support your case, and pursue fair compensation while keeping you informed at every stage.
Client testimonials
Levine Law’s clients often describe steady communication and close attention after a serious injury.
“Sarah Freedman and Levine Law were outstanding in my slip and fall case. Though I wish the fall and broken hip never happened, I felt what I received more than compensated for my pain and suffering.” — Levine Law client, Lawyers.com review
You can read more verified reviews on our Levine Law Reviews page.
Disclaimer: Client reviews are individual experiences and are not a guarantee of any particular result.
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Case results that reflect real experience
Levine Law has represented Denver-area clients hurt in falls, working to recover money for medical care, lost income, and long-term recovery. Representative results include:
- $392,000 verdict (plus interest) — a tenant fell on a defective interior staircase and broke her ankle; the insurer had offered just $500 to settle.
- $960,000 settlement — a maintenance manager slipped on ice while opening a gate and needed back surgery.
- $80,000 settlement (plus $56,000 set aside for future medical costs) — a woman fell and broke her ankle and needed surgery to repair it.
More outcomes are listed on our Cases & Verdicts page.
Disclaimer: Prior results do not guarantee a similar outcome; every case is decided on its own facts.
Areas served
Levine Law represents slip and fall victims throughout Aurora and the wider Denver metro, including:
- Aurora personal injury
- Denver (main slip & fall practice)
- Lakewood
- Glendale
- Arvada
- Boulder
- Colorado Springs
- Fort Collins
We also handle related Aurora claims, including premises liability, and draw on our Denver premises liability and traumatic brain injury practices.
Local resources
Hospitals & trauma care (Aurora)
- UCHealth University of Colorado Hospital — Level I trauma center, Anschutz Medical Campus, 12605 E 16th Ave, Aurora, CO 80045
- The Medical Center of Aurora (HealthONE) — major Aurora hospital and emergency room
Agencies & records
- Aurora Police Department Records — incident documentation; Records Section 303-739-6320, 15001 E. Alameda Pkwy (crash and incident reports via Crashdocs, ~$10)
- City of Aurora — sidewalk maintenance and public-property claims (CGIA notice)
Courts
- Arapahoe County District Court (18th Judicial District) — Arapahoe County Justice Center, 7325 S. Potomac St., Centennial, CO 80112; clerk (303) 645-6600
- Adams County District Court (17th Judicial District) — for incidents in north Aurora
Disclaimer: We provide these resources for convenience only; we do not endorse or profit from them.
Frequently asked questions
How long do I have to file a slip and fall claim in Aurora?
You usually have two years from the date of the fall under C.R.S. § 13-80-102 — shorter than the three-year rule for car crashes. If you fell in a City of Aurora building or on an RTD R Line platform, you must give written notice within 182 days, so your real deadline can be far shorter.
Who is liable if I slip on ice outside an Aurora store?
Under the Colorado Premises Liability Act (C.R.S. § 13-21-115), a business must fix or warn about hazards it knew or should have known about for its customers. A store or landlord that ignored an icy entrance along Havana Street after a storm may be liable, based on what it knew and reasonable snow-removal timing.
Where would my Aurora slip and fall lawsuit be filed?
Most Aurora premises cases are filed in Arapahoe County District Court (18th Judicial District) at the Arapahoe County Justice Center in Centennial. If you fell in north Aurora, your case may instead belong in Adams County District Court (17th Judicial District). The right court depends on where the fall happened, which a lawyer confirms early.
How do I prove the property owner knew about the hazard?
You prove it with evidence: surveillance video, the store’s incident report, cleaning and inspection logs, and witness accounts. Because an Aurora business may tape over video within days, a quick evidence-preservation letter — plus a copy of the incident report you filed — protects your claim under C.R.S. § 13-21-115.
What is my Aurora slip and fall case worth?
It depends on your medical costs, lost income, and how the injury affects daily life. Money losses are uncapped. Pain-and-suffering damages are capped at $1.5 million for claims filed on or after January 1, 2025 under HB 24-1472. Serious falls treated at UCHealth on the Anschutz campus often carry higher long-term costs.
Contact an Aurora slip and fall lawyer today
If you or a family member was hurt in an Aurora-area fall, Levine Law is available 24/7 to review your claim and explain your options at no cost.
Contact us online for a free, no-obligation consultation.
Attorney Review Disclosure
This content has been reviewed by the attorneys at Levine Law to help ensure its accuracy and compliance with applicable Colorado law. Legal services are provided by attorneys licensed to practice in the State of Colorado.
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Other Cases We Take On
Beyond slip and fall claims, Levine Law helps injured Coloradans across many practice areas:
- Premises Liability (Aurora)
- Dog Bite Injuries (Aurora)
- Car Accidents (Aurora)
- Uber & Lyft / Rideshare Accidents (Aurora)
- Truck Accidents (Aurora)
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Wrongful Death
This content is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes; every case is evaluated on its own facts. This content has been prepared for review by Colorado-licensed attorneys at Levine Law.