What Colorado law says property owners must do

Colorado premises liability law requires property owners to keep their land reasonably safe for people who enter it. The law does not require perfection—it requires reasonable care. That means a property owner must either fix a hazard, warn people about it, or keep people away from it. If they do none of those things and someone gets hurt, the injured person may have a claim.

The specific duty depends on why you were on the property. Colorado recognizes three categories: invitees (people invited for business or social reasons), licensees (people with permission but no business purpose), and trespassers (people without permission). Property owners owe the highest duty of care to invitees, a lower duty to licensees, and the lowest duty to trespassers.

Colorado courts also recognize a rule called comparative negligence. This means if you were partly at fault for your own injury—say you were not paying attention—the amount you can recover is reduced by your percentage of fault. You can still win even if you were 50 percent at fault, but you would receive only 50 percent of your damages.

Key Takeaways

  • Property owners in Colorado must use reasonable care to keep their property safe for invitees and licensees, which includes fixing hazards, warning about them, or blocking access.
  • The duty owed depends on your status: invitees (business or social guests) receive the highest protection, licensees receive less, and trespassers receive the least.
  • A property owner is not liable for injuries from hazards they did not know about and could not have discovered through reasonable inspection.
  • Colorado's comparative negligence rule means you can recover damages even if you were partly at fault, but your award is reduced by your percentage of fault.
  • You generally have two years from the date of injury to file a premises liability lawsuit in Colorado.

The three categories of visitors and what owners owe each

An invitee is someone on the property for a business purpose or as a social guest where the owner benefits from their presence. A customer in a store, a dinner guest at someone's home, or a patient at a medical office are all invitees. Property owners owe invitees the highest duty: they must inspect the property regularly, discover hazards, and either fix them or warn about them.

A licensee is someone with permission to be on the property but no business purpose involved. A friend visiting your home, a delivery driver waiting on your porch, or someone using a shortcut across your land with your knowledge are licensees. Owners owe licensees a lower duty: they must warn about hazards they actually know about, but they do not have to inspect the property or warn about hazards they do not know of.

A trespasser is someone on the property without permission. Property owners owe trespassers the lowest duty. In Colorado, owners generally do not have to warn trespassers about hazards or make the property safe for them. However, owners cannot intentionally harm trespassers or set traps for them.

What "reasonable care" means in practice

Reasonable care is not a fixed standard—it depends on the circumstances. A grocery store must inspect its floors regularly for spills and debris because customers walk through constantly. A homeowner does not need to inspect their yard every hour, but they should notice a broken step or a hole in the deck within a reasonable time. A property owner who knows about a hazard but does nothing is acting unreasonably.

Courts look at several factors when deciding if an owner acted reasonably: How obvious was the hazard? How long had it been there? What was the likelihood of injury? How straightforward would it have been to fix or warn about? A wet floor in a grocery store is obvious and straightforward to warn about, so failing to put up a sign is unreasonable. A small crack in a sidewalk that appears overnight is less obvious and may not require when ready action.

Warning about a hazard can satisfy the duty if the warning is clear and visible. A sign saying "Wet Floor" or "Caution: Uneven Steps" may be enough, depending on how dangerous the hazard is. However, a warning does not always protect an owner from liability—if the hazard is severe, the owner may need to fix it rather than just warn about it.

Hazards the property owner did not know about

Colorado law does not hold property owners liable for hazards they did not know about and could not have discovered through reasonable inspection. If a customer slips on a puddle that appeared moments before in a grocery store, and no employee saw it, the store may not be liable because the owner did not have a reasonable opportunity to discover and fix the hazard.

However, "did not know" is not the same as "did not check." If a property owner never inspects the property, a court may find that they should have discovered the hazard through reasonable inspection. A store that never checks its floors, or a landlord who never visits a rental property, cannot claim they did not know about obvious problems.

The length of time a hazard has been present matters. A puddle that appeared five minutes ago is different from one that has been there for an hour. A broken stair that has been broken for weeks is different from one that broke yesterday. Courts consider how much time the owner had to discover and fix the problem.

How comparative negligence affects your claim

Colorado's comparative negligence rule means the court will look at whether you contributed to your own injury. If you were texting while walking and did not see a clear warning sign about a hazard, you might be found 30 percent at fault. If the property owner was 70 percent at fault, you would recover 70 percent of your damages instead of 100 percent.

You can still win even if you were more than 50 percent at fault, but your recovery is reduced accordingly. If you were 60 percent at fault and the owner was 40 percent at fault, you would recover 40 percent of your damages. The only exception is if you were 100 percent at fault—then you recover nothing.

Common examples of comparative negligence include: not watching where you are walking, ignoring a visible warning sign, entering an area marked as off-limits, or using a product in a way the owner warned against. The property owner's lawyer will argue these points, so be prepared to explain what you were doing and why.

The statute of limitations for filing a lawsuit

In Colorado, you have two years from the date of your injury to file a premises liability lawsuit. This important date is called the statute of limitations. If you do not file within two years, the court will dismiss your case even if you have a strong claim.

The two-year clock starts on the date of the injury, not the date you discovered it. If you slip and fall on January 15, 2024, your important date is January 15, 2026, regardless of when you realized the property owner was at fault. There are rare exceptions—for example, if the injury was to a minor, the clock may start when they turn 18—but these are uncommon.

Do not wait until the last moment to contact a lawyer. Gathering evidence, interviewing witnesses, and investigating the property take time. The closer you get to the important date, the harder it becomes to build a strong case.

When you should talk to a lawyer about your injury

You should consider talking to a lawyer if you were injured on someone else's property and the owner may have been careless. This includes slip-and-fall injuries, injuries from broken stairs or railings, injuries from inadequate lighting, or injuries from hazards the owner knew about or should have known about.

Many premises liability lawyers work on contingency, meaning they take a percentage of what you recover instead of charging an upfront fee. This makes it easier to afford legal help. A lawyer can investigate the property, interview witnesses, review maintenance records, and determine whether you have a viable claim.

You do not need a lawyer for every minor injury, but you should talk to one if your medical bills are significant, you lost wages, or you have ongoing pain or disability. A lawyer can also help you understand whether your own actions contributed to the injury and how that might affect your claim.

Frequently Asked Questions

Does a property owner have to let me know about every possible danger?

No. A property owner must warn about hazards they know about or should have discovered through reasonable inspection. They do not have to warn about obvious dangers—for example, a steep cliff on their land. They also do not have to warn about hazards that appeared moments before you arrived and that they had no time to discover.

Can a property owner be liable if I was trespassing?

Generally no, but there are limits. A property owner cannot intentionally harm a trespasser or set traps. If a trespasser is injured by a hazard the owner created specifically to harm intruders, the owner may be liable. However, a trespasser injured by a naturally occurring hazard or a hazard the owner did not create usually cannot sue.

What if I signed a waiver before entering the property?

Waivers can limit liability, but not completely. A property owner cannot use a waiver to escape liability for gross negligence or intentional harm. A waiver that says "you assume all risk of injury" may protect the owner from liability for ordinary negligence in some cases, but courts examine waivers carefully, especially if they are unclear or if the injury was severe.

How much time do I have to report the injury to the property owner?

There is no legal important date to report the injury, but reporting it quickly helps. If you slip and fall in a store, tell a manager when ready and ask them to document it. This creates a record and shows the owner knew about the incident. However, failing to report when ready does not prevent you from suing later, as long as you file within two years of the injury.

What counts as evidence in a premises liability case?

Photos of the hazard, medical records showing your injury, witness statements, the property owner's maintenance records, and security camera footage all count as evidence. Keep receipts for medical bills and document any wages you lost. If possible, photograph the hazard from multiple angles and note the date and time. Write down the names and contact information of anyone who saw what happened.