Personal Injury Complaint - Slip and Fall - Colorado

DISTRICT COURT, COUNTY OF [COUNTY], STATE OF COLORADO

Before filing (remove this note from the pleading): File the completed District Court Civil (CV) Case Cover Sheet (JDF 601) with this district civil complaint, and serve the cover sheet with the initial pleading.

Court Address: [COURT STREET ADDRESS, CITY, CO ZIP]

Attorney for Plaintiff:
[ATTORNEY NAME], Reg. No. [BAR #]
[LAW FIRM NAME]
[FIRM STREET ADDRESS]
[PHONE] | [EMAIL]

Court Use Only

COMPLAINT AND JURY DEMAND

(Premises Liability – Slip and Fall)

TABLE OF CONTENTS

1. Parties ............................................................................. 1
2. Jurisdiction and Venue ................................................... 1
3. Definitions ........................................................................ 2
4. General Allegations ........................................................ 3
5. First Claim for Relief – Premises Liability (C.R.S. § 13-21-115) ....... 5
6. Comparative Fault Allegations (C.R.S. § 13-21-111) ..................... 6
7. Damages ......................................................................... 7
8. Conditions Precedent / Statutory Notice ................................ 8
9. Prayer for Relief ............................................................. 8
10. Jury Demand .................................................................. 9
11. Certification of Compliance with C.R.C.P. 11 ......................... 9
12. Verification ...................................................................... 10

1. PARTIES

1.1 Plaintiff [PLAINTIFF] is a resident of the State of Colorado, domiciled at [PLAINTIFF STREET ADDRESS, CITY, CO ZIP].
1.2 Defendant [DEFENDANT] is a [type of legal entity/individual] with its principal place of business/residence at [DEFENDANT ADDRESS].
1.3 At all times relevant, Defendant owned, leased, occupied, possessed, and/or controlled the real property commonly known as [PROPERTY NAME OR ADDRESS] (the “Subject Premises”).

2. JURISDICTION AND VENUE

2.1 Counsel must confirm the current basis for district-court subject-matter jurisdiction, including any amount-in-controversy allocation.
2.2 If Defendant is not a Colorado resident, plead facts establishing personal jurisdiction; C.R.S. § 13-1-124(1)(b) supplies a statutory basis for a cause of action arising from the commission of a tortious act within Colorado.
2.3 Venue is proper in this County pursuant to C.R.C.P. 98(c) because the cause of action arose in this County, the Subject Premises are located here, and Defendant may be served here.
2.4 This action is timely filed within the two-year statute of limitations applicable to negligence and premises liability claims under C.R.S. § 13-80-102(1)(a).

3. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings below:
“Act” – Colorado Premises Liability Act, C.R.S. § 13-21-115.
“Incident” – The slip-and-fall event that occurred on or about [DATE] at the Subject Premises.
“Plaintiff” – [PLAINTIFF NAME], individually and collectively.
“Premises Owner/Controller” – Defendant, together with its agents, servants, and employees.
“Subject Premises” – The real property located at [PROPERTY ADDRESS] where the Incident occurred.

4. GENERAL ALLEGATIONS

4.1 On [DATE] at approximately [TIME], Plaintiff lawfully entered the Subject Premises as a(n) [invitee/licensee/statutory status].
4.2 A [describe dangerous condition, e.g., “wet and unmarked tile floor”] existed in the [location, e.g., “main foyer”].

4.3 Defendant [actually knew of the dangerous condition / knew or, in the exercise of reasonable care, should have known of the dangerous condition] because:
 a. [Example: Employees had repeatedly mopped the area without signage];
 b. [Example: Prior incidents or complaints]; and/or
 c. [Example: Surveillance footage shows condition existed for an extended period].
4.4 Defendant unreasonably failed to exercise reasonable care to protect against the danger presented by the condition, including failure to:
 a. Inspect;
 b. Maintain;
 c. Warn; and
 d. Remedy the hazardous condition.

4.5 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff slipped, fell, and suffered severe bodily injuries, including but not limited to [list injuries].
4.6 Plaintiff incurred and continues to incur medical expenses, lost wages, out-of-pocket costs, pain and suffering, physical impairment, and other damages as more fully set forth below.

5. FIRST CLAIM FOR RELIEF – PREMISES LIABILITY

(Pursuant to C.R.S. § 13-21-115)
5.1 Plaintiff incorporates by reference §§ 1–4 as though fully set forth herein.
5.2 At the time of the Incident, Plaintiff was a(n) [“invitee,” “licensee,” or “trespasser”] within the meaning of the Act.
5.3 Defendant owed Plaintiff the corresponding duty of care under the Act, specifically: (a) if Plaintiff was an invitee, Defendant's unreasonable failure to exercise reasonable care to protect against dangers Defendant actually knew about or should have known about (or, if the Subject Premises are classified for property tax purposes as agricultural or vacant land, dangers Defendant actually knew about); (b) if Plaintiff was a licensee, Defendant's unreasonable failure to exercise reasonable care with respect to dangers created by Defendant of which Defendant actually knew, or unreasonable failure to warn of dangers not created by Defendant that are not ordinarily present on property of that type and of which Defendant actually knew; or (c) if Plaintiff was a trespasser, damages willfully or deliberately caused by Defendant. C.R.S. § 13-21-115(4).
5.4 Defendant breached that duty as set forth in ¶5.3, applying the standard corresponding to Plaintiff's status as an invitee, licensee, or trespasser.
5.5 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
5.6 Therefore, Plaintiff is entitled to recover compensatory damages in an amount to be proven at trial.

6. COMPARATIVE FAULT ALLEGATIONS

(Notice under C.R.S. § 13-21-111)
6.1 Pursuant to Colorado’s comparative fault statute, Plaintiff affirmatively alleges that any negligence attributed to Plaintiff, if any, was less than the negligence of Defendant.
6.2 Plaintiff reserves the right to amend these allegations should additional responsible persons or entities be identified.

7. DAMAGES

7.1 Economic Damages: past and future medical expenses, lost wages, loss of earning capacity, and other out-of-pocket losses presently estimated at $[AMOUNT].
7.2 Non-Economic Damages: past and future pain and suffering, inconvenience, emotional distress, and impairment of quality of life in an amount determined by the trier of fact, subject to the applicable § 13-21-102.5 tier. Subsection (3)(a)(II)'s $1,500,000 tier applies to an action filed 1/1/2025-12/31/2025 or a claim accruing on/after 1/1/2025, subject to the statute's separate regimes and damage categories; the first new-tier adjustment is scheduled for 1/1/2028.
7.3 Physical Impairment and Disfigurement: to be determined at trial.
7.4 Interest: statutory pre- and post-judgment interest as allowed.
7.5 Costs: taxable litigation costs pursuant to C.R.C.P. 54(d) and applicable statutes.

8. CONDITIONS PRECEDENT / STATUTORY NOTICE

8.1 All conditions precedent to the filing of this action have been performed, have occurred, or have been waived.
8.2 [IF DEFENDANT IS A PUBLIC ENTITY] Plaintiff provided written notice in conformity with C.R.S. § 24-10-109 within 182 days of the Incident.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests entry of judgment in his/her favor and against Defendant as follows:
a. Economic damages in an amount to be determined at trial;
b. Non-economic damages as allowed;
c. Damages for physical impairment and disfigurement;
d. Pre- and post-judgment interest;
e. Costs, including expert witness fees as permitted;
f. Such other and further relief—including limited injunctive relief to abate the hazardous condition—as the Court deems just and proper.

10. JURY DEMAND

Under C.R.C.P. 38, Plaintiff demands a trial by jury on all issues so triable and submits the requisite jury fee contemporaneously. Colorado does not recognize a constitutional right to a civil jury trial.

11. CERTIFICATION OF COMPLIANCE WITH C.R.C.P. 11

The undersigned counsel hereby certifies that he/she has read the foregoing pleading; that to the best of his/her knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose.

Respectfully submitted this ___ day of [MONTH], [YEAR].

_____________________________
[ATTORNEY NAME], Reg. No. [BAR #]
Attorney for Plaintiff

12. VERIFICATION

STATE OF COLORADO )
) ss.
COUNTY OF [COUNTY] )

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint and that the facts contained therein are true and correct to the best of my knowledge, information, and belief.

_____________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this ___ day of [MONTH], [YEAR].

_____________________________
Notary Public
My commission expires: __________