When snow hits Colorado, you already have enough on your mind. You might be checking the weather, planning your route to work, or trying to keep your family safe on icy walkways and driveways. What you shouldn’t have to think about is whether a property owner cleared their walkway before you stepped on it. Yet that is how many slip and fall accidents begin. A simple trip to the mailbox, a stop at a local business, or a walk through a parking lot can turn into a slip and fall injury that brings pain, medical bills, and lost income.
If you suffered a fall injury on snow or ice, you may be left wondering whether the property owner had a legal duty to remove the snow and what that means for your claim. This blog explains what to do after a snow-related slip and fall injury, what Colorado law on snow removal requires from property owners, and how liability is determined.
What You Should Do After a Snow-Related Slip and Fall Injury
If you were hurt in a snow-related slip and fall, you may already be thinking about who is responsible under Colorado law. As those questions come up, it’s important to focus on your health and on preserving information about what happened.
If you haven’t already done so, seek medical attention as soon as possible, even if you initially felt fine. Many accident victims underestimate injuries because adrenaline can mask symptoms. Medical records created early on can also play an important role in documenting the injuries sustained in a slip and fall accident.
In addition to addressing your medical needs, the following steps can support your claim:
- Report the incident to the property owner, property manager, or business where the fall occurred and ask whether an incident report is available
- Gather evidence, including photographs of the snow or ice and the surrounding area
- Collect witness statements if anyone saw the fall incident
- Keep the shoes and clothing you were wearing at the time of the fall
- Save medical bills, out-of-pocket expenses, and proof of lost income
- Write down anything the property owner or employees said about the condition
- Avoid giving a recorded statement to the insurance adjuster before speaking with an attorney
Clear documentation early on can make a difference later, particularly if the insurance company questions fault or downplays the conditions that caused your injuries.
For a free legal consultation, call (719) 520-9909Colorado Law on Snow Removal
Colorado does not have a single statewide statute that sets snow-removal deadlines for sidewalks or private property, but property owners still have a legal duty to maintain reasonably safe premises, meaning they must take reasonable steps to address known or foreseeable hazards, including on sidewalks, in parking areas, walkways, and building entrances. Under the Colorado Premises Liability Act, owners may be held responsible when unsafe conditions on their property cause an injury related to a slip and fall accident.
Local rules often define what reasonable care looks like in winter conditions, and those requirements can vary by city or county. For example, in Colorado Springs, property owners must remove snow and ice within specific timeframes. Under Colorado Springs City Code Section 3.4.202, residential sidewalks must be cleared within 24 hours after snowfall stops, while commercial properties must be cleared by 5:00 P.M. the next business day.
Failing to meet these deadlines may support a negligence per se argument. Negligence per se is a legal doctrine whereby a defendant’s violation of a statute or regulation designed to protect a class of persons from a particular type of harm establishes breach of duty and constitutes negligence as a matter of law when the plaintiff is within the protected class and the violation proximately causes the harm.
This means that if a property owner violates a local safety rule designed to prevent injuries, that violation can be used as evidence that the owner failed to act with reasonable care. In a snow-related slip and fall incident, factors such as when the snowfall ended, whether the area was cleared on time, and whether melting or refreezing created hazards often play a key role in establishing liability.
These rules reflect the property owner’s duty to use reasonable care under Colorado law, which depends on the circumstances and the injured person’s status on the property.
A Closer Look at How Colorado’s Premises Liability Law Applies to Snow-Related Fall Accidents
Colorado’s Premises Liability Act defines a property owner’s legal duty based on the injured person’s status on the property at the time of the slip and fall. That classification determines what level of care the owner must use to address snow and ice conditions and when the owner may be responsible for resulting injuries.
Invitees
Invitees receive the highest level of protection under Colorado law. This group includes individuals who enter a property for business or mutual benefit, such as customers, tenants, or visitors to a commercial building.
Property owners must use reasonable care to protect invitees from dangerous conditions on the property, including snow or ice. This duty applies to hazards the owner knew or should have known about through reasonable inspection. In winter conditions, that can include snow or ice that accumulated over time and should have been treated or removed, even if the owner did not personally observe the hazard before the fall. Under Colorado’s Premises Liability Act (C.R.S. § 13-21-115), a landowner owes an invitee the duty to exercise reasonable care to protect against dangers on the property of which the landowner actually knew or should have known.
Licensees
A licensee is someone who has permission to be on the property but is there for their own purposes rather than for the owner’s benefit, such as a social guest.
For licensees, a property owner’s duty is more limited. The owner may be responsible only for dangerous conditions the owner actually knew about and failed to fix or warn against. Examples can include an icy area caused by improper snow removal or a recurring condition the owner was aware of. Unlike invitee situations, property owners generally do not have a legal duty to inspect for new snow or ice accumulation for licensees. Under Colorado’s Premises Liability Act (C.R.S. § 13-21-115), a landowner owes a licensee the duty to exercise reasonable care with respect to known dangers created by the landowner or to warn of known dangers not created by the landowner that are not ordinarily present on the property.
Trespassers
Property owners owe the lowest duty of care to trespassers, meaning individuals who enter the property without permission. Under Colorado law, the owner must only refrain from willful or deliberate conduct that could cause harm.
When you apply these classifications to snow and ice conditions throughout Colorado, including local snow-removal rules that vary by city and county, the focus becomes whether the property owner acted reasonably under the circumstances and whether the hazard should have been discovered or prevented. For example, a property owner generally is not liable if a trespasser slips and falls on naturally accumulated snow or ice, as mere failure to remove it does not constitute willful or deliberate conduct.
Click to contact our personal injury lawyers todayThe Role of Insurance Companies
When a slip and fall happens on someone else’s property, the claim is typically handled through the property owner’s liability insurance. The insurance company reviews the circumstances of the fall, evaluates whether the property owner may be responsible, and assesses the damages being claimed, including medical bills and lost income.
Because insurers have a financial interest in limiting payouts, they often scrutinize whether the hazard should have been addressed and whether you may share responsibility for the fall. In snow-related cases, insurers may argue that the snow had just fallen, claim the condition was open and obvious, or assert that the property owner acted reasonably under the circumstances. Delays in payment or pressure to accept a settlement that does not reflect the full impact of the injuries are also common. Accepting an early settlement offer is risky because the full extent of your injuries, including future medical needs or long-term complications, may not yet be known. This can leave you undercompensated with no option to seek additional funds later.
Complete a Free Case Evaluation form nowWhen Liability is Disputed
When liability is disputed, evidence plays a central role. Your Colorado injury law firm may evaluate materials such as:
- Weather reports
- Time-stamped photographs
- Maintenance logs
- Witness statements
- Prior complaints about the property
- Video surveillance when available
In these cases, the focus is often on whether the property owner’s negligence contributed to the snow or ice conditions that caused the fall.
Modified Comparative Negligence in Colorado Slip and Fall Cases
Colorado follows a modified comparative negligence rule. Under this system, your share of fault directly affects whether you are eligible to recover compensation. If you are found to be 50 percent or less at fault, you may still pursue compensation, but any recovery is reduced by your percentage of fault. If you are found to be 51 percent or more at fault, Colorado law bars recovery entirely. In slip and fall cases, common plaintiff faults include failing to watch where walking, wearing inappropriate footwear, or ignoring visible warnings about hazardous conditions.
Because this determination can have a decisive impact on a slip and fall claim, insurance companies often attempt to assign as much responsibility as possible to the injured person.This is why clear documentation and a careful review of the facts by a slip & fall injury lawyer can play an important role when fault is disputed.
Contact a Colorado Springs Slip and Fall Accident Law Firm About Your Snow-Related Slip and Fall Accident
If snow or ice caused your slip and fall injury and questions remain about who is responsible, you may have the right to hold the property owner or business accountable under Colorado law. The legal process moves quickly, and missing deadlines can affect your ability to recover compensation for medical bills, lost wages, and long-term care needs.
For nearly 30 years, Heuser & Heuser has stood up for accident victims across Colorado Springs and throughout Southern Colorado. Our Colorado Springs slip and fall accident law firm investigates dangerous winter conditions, deals directly with the insurance company, and works to pursue fair compensation for the injuries sustained in a snow or ice-related fall.
Even if you’re unsure whether you have a case, our team can review what happened and explain your options at no cost. Call (719) 520-9909 or complete our confidential online form to schedule your free case evaluation with a slip & fall injury lawyer. There’s no fee unless we win your case.
Heuser & Heuser, LLP has office locations serving clients in Colorado Springs, Pueblo, and the surrounding communities.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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