Slip-and-fall accidents caused by ice are unfortunately common in Colorado, particularly during the harsh winter months. Colorado law requires property owners to maintain their premises in a reasonably safe condition, but that doesn’t always mean they’re automatically liable for every injury caused by ice.
When someone slips on ice, the law examines whether the property owner took reasonable steps to clear the hazard or warn visitors. Timing is critical—property owners aren’t expected to remove snow and ice the moment it accumulates, but they must act within a reasonable timeframe. Furthermore, the injured person’s own actions are also considered. If they ignored obvious dangers or acted carelessly, they might share responsibility for their injuries.
Premises Liability Laws in Colorado
Premises liability laws in Colorado establish a property owner’s duty to those on their property. These laws categorize visitors into three groups: invitees, licensees, and trespassers. Invitees are owed the highest level of care because they are typically on the property for the owner’s benefit, such as customers at a store or tenants in an apartment complex.
For invitees, property owners must actively inspect their property and address potential hazards, including icy walkways, parking lots, or stairs. For licensees, such as social guests, property owners must warn of known dangers that might not be obvious. Trespassers, on the other hand, are rarely owed any duty of care except in specific situations, such as when children might be drawn to hazardous conditions.
These distinctions mean that an injured person’s ability to recover damages depends on their relationship to the property and whether the owner acted negligently. If an owner failed to fulfill their legal obligations under the law, they could be held liable for injuries.
What Counts as Negligence in Ice-Related Injuries?
Proving negligence is crucial for holding a property owner responsible for a fall on ice. Negligence means that the property owner failed to take reasonable steps to prevent the injury. In Colorado, this often involves examining whether they followed local ordinances requiring snow and ice removal, as many cities and towns have strict timelines for clearing sidewalks.
A property owner might be negligent if they:
- Failed to clear snow and ice within a reasonable timeframe after a storm.
- Did not comply with municipal snow removal ordinances.
- Allowed dangerous ice to form due to poor drainage or defective gutters.
- Failed to warn visitors of known hazards, such as black ice on a frequently used path.
Conversely, property owners are usually not required to prevent the formation of every patch of ice, particularly during ongoing snowstorms. If a person falls under these conditions, the court will evaluate whether the owner made reasonable efforts to address hazards and whether the injured person acted responsibly.
Steps to Take After an Ice-Related Fall
If you were injured in a slip-and-fall accident caused by ice, taking the right steps can help protect your legal rights. These actions include:
- Document the scene: Take photos or videos of the icy area as soon as possible to capture the hazard.
- Report the incident: Notify the property owner or manager about the fall. Keep a record of the report.
- Seek medical attention: Get treated for your injuries immediately, even if they seem minor. Medical records can support your case.
- Preserve evidence: Keep any clothing or footwear worn during the fall, as they may become relevant in determining fault.
- Consult an attorney: An experienced personal injury lawyer can evaluate your situation and guide you through the legal process.
Taking these steps can strengthen your claim and help ensure fair compensation. Acting promptly is important because evidence can disappear quickly, especially with melting ice or snow.
Contact Us for Legal Assistance
At Clawson & Clawson, LLP, our experienced personal injury lawyers understand Colorado’s premises liability laws and can help determine if the property owner is responsible for your injuries. We’re committed to protecting your rights, answering your questions, and building a strong case to pursue the compensation you deserve. Whether you’re facing mounting medical bills, lost wages, or ongoing pain, we can fight to hold negligent property owners accountable.
Contact our team today to schedule a consultation and take the first step toward achieving the compensation you need.