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Denver Premises Liability Lawyer

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How much is a Denver premises liability case worth?

Under Colorado’s Premises Liability Act (C.R.S. § 13-21-115), the value of a Denver premises liability case comes down to your medical bills, lost income, and pain and suffering — but you recover only if the property owner broke a duty it owed you, and your award is reduced by your share of fault. Because what the owner owed you depends on why you were on the property, this personal injury claim often turns on whether the owner knew, or should have known, about the hazard.

Getting hurt by a danger you didn’t see coming—like an icy walkway outside a Berkeley storefront or a broken stair in a Congress Park apartment—is frustrating and not your fault. Now, you’re dealing with pain, medical bills, and an insurance company looking for ways to pay you less. A Denver personal injury lawyer can handle this fight for you, so you can focus on getting better.

  • Two decades representing the injured: Levine Law founder Jordan S. Levine has led our Denver injury team for more than 20 years. See who we are and who would handle your case.
  • Results that speak for themselves: We have recovered multi-million-dollar verdicts and settlements for hurt clients, and our client reviews show the care behind the numbers.
  • The full range of premises claims: From a slip and fall at a retail center to an assault at an unsafe apartment complex — all on contingency, so you pay no fee unless we win.
  • A free case review: Reach our Denver office at 303-333-8000, and see the awards and recognition our attorneys have earned.

Timing matters here. Colorado usually gives you only two years to file a premises liability claim, shorter than the three-year window for car crashes. For claims filed in 2025 or later, the cap on pain-and-suffering damages rose to $1.5 million, so acting early protects your claim and evidence like security video.


What should you do immediately after a premises liability injury in Denver?

Report the incident, get medical care, and take photos of the accident site and its surroundings before it is fixed or cleaned up. Ask the business, landlord, or property manager to write an incident report and give you a copy. That report is often the first piece of evidence in your claim.

The steps you take early can make or break your case. To protect it:

  • Report it in writing to the store, landlord, HOA, or property manager, and get the name of the person you spoke with.
  • Photograph the hazard — the broken railing, the dark stairwell, the fallen merchandise, the broken escalator — before someone fixes it.
  • See a doctor right away. Serious injuries send Denver patients to Denver Health Medical Center, the region’s top trauma center. Early records link the injury to the hazard.
  • Save evidence and get witness names. If you were attacked because of poor security, call 911 so the Denver Police Department documents it. A police report is key evidence in a negligent-security claim. Independent witnesses matter most when your account and the property owner’s account do not match.

    Denver Premises Liability Lawyers

What actually happens after a premises injury in Denver?

Evidence can vanish much quicker than you might think. Security footage from apartment buildings or parking lots is often deleted or recorded over in just a few days. If a railing or floor was broken, the owner might fix it right away. This means the proof of what caused your accident could be gone before you even have a chance to call a lawyer.

At the same time, insurance companies and property managers move very fast. An insurance adjuster might call you within a day or two of the injury. They might ask you to give a recorded statement or try to suggest the accident was your fault. It is important to be careful. Anything you say early on can be used against you later. It is okay to stick to the basic facts and say no to a recorded statement until you have spoken with an attorney. A lawyer can send a formal letter to the property owner to make sure they save any video or records that could help your case.

What are the most common causes of premises liability accidents in Denver?

Premises liability accidents come from a dangerous condition the property owner did not fix, secure, or warn about. In the Denver metro, they take these common forms:

  • Negligent security — assaults, robberies, or shootings in poorly lit or unsecured apartment complexes, downtown parking structures, and venues where the owner ignored known risks.
  • Poor upkeep — broken locks and gates, burned-out lights, and neglected common areas.
  • Falling merchandise in retail and warehouse stores.
  • Broken stairs and railings, plus elevator and escalator failures.
  • Swimming pool accidents and drownings, including unfenced or unsupervised pools at apartment complexes and hotels.
  • Ice, snow, and uneven walkways — the basis of most slip and fall claims.
  • Dog bites and animal attacks on home or rental property, covered by Colorado’s dog-bite law along with premises rules.

These hazards show up everywhere from a Cherry Creek retail center to an apartment complex off Colfax Avenue.

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What types of injuries are common in Denver premises liability cases?

Premises injuries range widely, from minor to catastrophic. Moreover, unlike a straightforward slip and fall, a large share traces back to a hazard or a security gap the owner allowed to persist, not to weather. How bad the injury is usually drives both your recovery time and the value of the claim.

  • Broken bones from falls, falling merchandise, or broken stairs.
  • Traumatic brain injuries (TBI) from a fall, a falling object, or an assault. Falls cause nearly half of all TBI-related hospitalizations nationwide, and assault is another common cause, according to the CDC — which is why a negligent-security failure, not just a fall, so often sits behind a premises TBI claim.
  • Spine and back injuries, which can cause long-term pain or paralysis. Falls cause about 32.5% of traumatic spinal cord injuries nationwide, and violence causes another 15.2%. The second figure is why negligent-security cases show up so often on the catastrophic injury side of a premises practice, per the National Spinal Cord Injury Statistical Center.
  • Assault injuries — gunshot or stab wounds, broken bones, and lasting emotional trauma from a negligent-security attack. The Bureau of Justice Statistics counted an estimated 1.27 million aggravated assault victimizations nationwide in 2023 alone. It is the exact category of harm a negligent-security claim targets when an owner’s broken lock, dead light, or unstaffed entrance is what let the attack happen.
  • Drowning and near-drowning injuries, including brain damage from lack of oxygen in a pool accident. Unintentional drowning kills an estimated 4,000 people a year in the U.S. — about 11 a day — and is the leading cause of death for children ages 1 to 4, according to the CDC, which is why an unfenced or unsupervised apartment or hotel pool carries outsized risk.

Head, spine, and internal injuries can get worse over a few days. A prompt check at a hospital like Denver Health protects both your health and your claim.

Who is liable for a premises liability injury in Denver?

The party at fault is the one that controlled the property and did not keep it reasonably safe. Under the Colorado Premises Liability Act, how much the owner owed you depends on why you were on the property. This law splits visitors into three groups:

  • Invitees — customers and the public invited onto a business. The owner must fix or warn about dangers it knew about or should have found. This group gets the most protection.
  • Licensees — social guests and others there with permission for their own reasons. The owner is only responsible for dangers it actually knew about and did not warn you about.
  • Trespassers — people on the property without permission. The owner is only responsible for harm it caused on purpose.

Depending on the property, the party at fault may be a business, a landlord, a property manager, or an HOA. If you are hurt on government property — a City of Denver park or building, or a Regional Transportation District (RTD) station — a strict 182-day deadline applies. Under the Colorado Governmental Immunity Act, you must send written notice within 182 days. That is a separate deadline, and much shorter than the two-year one.

Colorado uses a rule called modified comparative negligence to split the blame. If you are 49% or less responsible for the accident, your payout is reduced by your percentage of fault. If you are 50% or more at fault, you do not receive any payment.

Attorney insight: what makes Denver premises liability cases complex?

In these cases, you have to prove the owner knew about the danger using their own records. This makes them tougher to win than most injury claims.

Here is why these claims can be tricky:

  • The judge decides the rules. Under the Colorado Premises Liability Act, how much the owner must protect you depends on if you were a customer, a guest, or a trespasser. A judge makes this choice, and it can decide your whole case.
  • Proving the owner knew is the biggest hurdle. You usually have to show the owner knew about the hazard, or should have found it, but failed to fix it. Inspection records are often the key evidence here.
  • Security claims need proof of past trouble. To blame an owner for an attack, you must show they should have seen it coming. This usually requires looking at past crime reports for that area.
  • Many people might share the blame. A landlord, a business owner, and a manager might all be responsible. You have to name the right people because they each look after different parts of the property.
  • If you were hurt on public property, like a city park or bus station, you only have 182 days to give written notice under the Colorado Governmental Immunity Act. If you miss this short deadline, you cannot sue.

Winning at trial means saving all evidence quickly, hiring experts, and showing how the injury changed your life.

What damages can you recover after a Denver premises liability injury?

People hurt in Colorado can get money for two types of losses: economic damages and non-economic damages

Economic damages usually cover:

  • Medical bills now and later, from the emergency room to physical therapy.
  • Lost pay from work and money you cannot earn in the future because of your injury.
  • Other costs, like changes to your home, medical tools, and other needs.

There is no limit on money for financial losses. Meanwhile, there is a limit on how much you can get for non-economic damages under C.R.S. § 13-21-102.5.

Non-economic damages include:

  • Emotional distress — the worry, fear, and bad feelings caused by the accident.
  • Pain and suffering — the physical hurt you feel from your injuries.
  • Scars and changes to your body — permanent marks from being hurt or having surgery.
  • Loss of companionship — the stress the injury puts on your family life.
  • Loss of enjoyment — being unable to do the hobbies or daily activities you used to love.

Even though pain and suffering are personal, they cause real costs. Therapy and medicine cost money, and scars can make it hard to work. In Colorado, you can ask for money for those costs and for the toll the accident took on your life.

Legal note on Colorado’s limits on damages

For cases started on or after January 1, 2025, Colorado raised the limit on pain-and-suffering money to $1.5 million under HB 24-1472. This is much higher than the old limit. Money for medical bills and lost pay still has no limit. If someone was very reckless, you might also get punitive damages — extra money meant to punish them. Keeping good records is the best way to make sure you get the full amount you deserve.

How long do you have to file a premises liability claim in Colorado?

You usually have two years from the date of injury to file a premises liability lawsuit in Colorado under C.R.S. § 13-80-102. This is the deadline for most injury claims. It is shorter than the three years Colorado gives for car crashes, so do not assume you have extra time.

Talking to an insurance company does not stop this time limit. Only starting a lawsuit officially pauses the clock. A few narrow exceptions can apply. If the injured person was a minor, Colorado’s tolling statute pauses the two-year clock until they turn 18, then gives two more years to file — so a child hurt on a property years ago may still have a live claim. 

Confirm your exact deadline early rather than assume it has passed.

Pitfall alert: the 182-day deadline on public property

If you were hurt in a City of Denver park or building, at an RTD light-rail station, or on other government property, a much shorter clock applies. Under the Colorado Governmental Immunity Act, you must send written notice of your claim within 182 days of finding out about the injury. Miss it, and your claim is dead — no matter how much time is left on the two-year deadline.

Why do you need a premises liability lawyer in Denver?

A lawyer helps you stand up to insurance companies. These companies often try to pay out as little as possible. This is very important in premises cases. The main task is proving the owner knew about the danger. In cases about safety, we also have to show the owner should have seen the trouble coming.

  • Insurers watch their own money. They might say the danger was easy to see. They might also try to say the accident was partly your fault.
  • Insurance workers might try to get you to take a small payment quickly. This usually happens before your medical care is even finished.
  • Important proof like security videos, reports, and repair logs is held by the owner. This proof can disappear quickly if a lawyer does not act fast to save it.

Opponent playbook

In negligent-security or fall cases at a downtown parking structure or an apartment complex, insurers often argue the risk was “open and obvious” or that you were partly at fault. Both arguments aim at Colorado’s 50% fault rule. Even a small share of blame cuts your payment. A lawyer fights back by grabbing the security video, incident reports, and maintenance and lighting records. In an assault case, the lawyer also gathers proof of past crime on or near the property that made the harm foreseeable — before that evidence is lost or recorded over.

What does the premises liability claim process look like?

Most cases follow these steps: a free meeting, an investigation, trying to reach an agreement, and filing a lawsuit in court if needed.

  1. Free consultation: We start with a free meeting to talk about what happened, the danger you faced, and your injuries.
  2. Investigation: We collect evidence, like incident reports, security footage, repair records, medical files, and statements from witnesses.
  3. Demand and negotiation: We send a formal request for payment and talk with the property owner’s insurance company.
  4. Settlement or lawsuit: If we cannot agree, we file a lawsuit in Denver District Court and prepare for trial.

The time it takes depends on how badly you were hurt and how busy the court is.

How do you choose the right Denver premises liability lawyer?

Look for real experience with premises and negligent-security cases, knowledge of Denver courts and insurers, clear communication, and a firm that is truly ready for trial — not just marketing slogans.

  • Does the firm have relevant experience?

For more than 20 years, Levine Law has represented hurt people across the Denver metro, and it has taken premises-liability cases — from defective stairs and icy walkways to negligent security — to verdict against insurers that lowball. The firm’s premises results include a $392,000 verdict (plus interest) for a tenant who broke her ankle on a defective interior staircase and a $960,000 settlement for a maintenance manager who fell on ice while opening a gate (see case results; past results do not guarantee future outcomes). A real track record in property cases matters more than advertising.

  • Do they know the local courts and insurers?

Choose a lawyer who knows how cases move through Denver District Court (Colorado’s Second Judicial District) and how Front Range insurers work. Founding partner Jordan S. Levine helped shape Colorado law on holding insurers accountable in Crowell v. ICAO — the same insurer accountability that drives premises claims.

  • Are they ready to go to trial?

The best settlements often come when the insurer knows your lawyer will go to trial. Levine Law’s attorneys hold an AV Preeminent rating — Martindale-Hubbell’s highest peer rating for a lawyer’s legal ability and ethical standards — and have been recognized by Super Lawyers and the National Trial Lawyers (each recognition reflects that group’s own standards).

  • Are the fees clear?

Levine Law works on contingency — “No Win, No Fee”. You owe no attorney’s fee unless we recover for you, and consultations are free.

Client testimonials

Levine Law’s clients often describe steady communication and close attention after a serious injury.

“My daughter was injured in a deck collapse incident. The communication was outstanding — I never had to call in. Thank you for all your hard work in making things right as my daughter went through the healing process.” — Angel Oliver, Google 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

When a property owner ignores a known hazard, a visitor can pay the price. Levine Law took exactly that kind of case to a verdict, and has recovered for other clients seriously hurt by another party’s carelessness:

  • $392,000 verdict (plus interest) — A tenant’s apartment had a defective interior staircase. About 18 months into her lease, she fell and broke her ankle, running up roughly $77,000 in medical bills. The insurer had offered just $500 to settle.
  • $960,000 settlement — A maintenance manager fell on the ice while opening a gate and needed back surgery.
  • $925,000 settlement — A pedestrian was struck by a driver who ran a red light and suffered two broken legs.

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 premises liability victims throughout the Denver metro and Front Range, including:

We also handle related claims, including slip and fall accidents, sidewalk accidents, swimming pool accidents, and dog bite injuries.

Local resources

Hospitals & Emergency Care in Denver

Agencies & records

Courts

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 premises liability claim in Colorado?

You usually have two years from the date of injury under C.R.S. § 13-80-102. That is shorter than the three-year rule for car crashes. If you were hurt in a City of Denver park or an RTD station, written notice is due within 182 days, so your real deadline can be much shorter.

What is negligent security and can I sue in Denver?

Negligent security is a premises claim for an assault or crime that happened because an owner did not provide basic safety, like working locks or lighting. Under C.R.S. § 13-21-115, you must show the harm was foreseeable — that the owner should have seen it coming, often from past crime at the parking structure or apartment complex.

Who is at fault if I am hurt on rental or apartment property?

Fault may fall on the landlord, property manager, or HOA that controlled the area where you were hurt. Under the Colorado Premises Liability Act, how much they owed you depends on why you were there — and the judge, not the jury, decides that.

What if I was partly at fault for my injury?

You can still recover if you are 49% or less at fault. This is Colorado’s rule for splitting blame, called modified comparative negligence. Your payment drops by your share of the blame. At 50% or more, you get nothing — which is why insurers raise “open and obvious” arguments.

How is premises liability different from a slip and fall?

A slip and fall is one type of premises liability claim. Premises liability is broader. It also covers negligent security, falling merchandise, broken stairs, and pool injuries — all under C.R.S. § 13-21-115. Both share the same two-year deadline and the invitee, licensee, or trespasser rules.

Contact a Denver premises liability lawyer today

If you or a family member was hurt on someone else’s property in the Denver area, Levine Law is here 24/7 to review your claim and explain your options at no cost.

Call 303-333-8000 or 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.

Denver Office
Levine Law LLC
4500 Cherry Creek S Dr #400
Denver, CO 80246
24/7 Hotline: (303) 333-8000

Other Cases We Take On

Beyond premises liability, Levine Law helps injured Coloradans across many practice areas:

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.

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