PREMISES LIABILITY COMPLAINT — COLORADO

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Negligence Under the Premises Liability Act
6. Count II — Negligent Maintenance of Premises
7. Count III — Failure to Warn
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Colorado Practice Notes

CAPTION

IN THE DISTRICT COURT, [________________________________] COUNTY, COLORADO

[________________________________],

Plaintiff,

v.

Case No.: [________________________________]
Division: [________________________________]

[________________________________],

Defendant(s).

COMPLAINT FOR PREMISES LIABILITY

COMES NOW the Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, and for this Complaint against Defendant(s), [________________________________] ("Defendant"), states and alleges as follows:

PARTIES

1. Plaintiff [________________________________] is an individual residing at [________________________________], [________________________________] County, Colorado.

2. Defendant [________________________________] is [an individual/a corporation/a limited liability company/a partnership] [organized under the laws of [________________________________]] with [a principal place of business/residence] at [________________________________], Colorado.

3. At all times relevant hereto, Defendant was the [owner/operator/lessee/manager] of the premises located at [________________________________], Colorado (the "Premises").

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to Colo. Const. Art. VI, § 9, and C.R.S. § 13-1-124.

5. Venue is proper in [________________________________] County pursuant to C.R.C.P. 98, because [the injury occurred in this county / the Defendant resides in this county / the Defendant conducts business in this county].

FACTUAL ALLEGATIONS

The Premises and Plaintiff's Status

6. At all times relevant, Defendant [owned/operated/controlled/maintained] the Premises located at [________________________________], Colorado.

7. The Premises were used as [a retail store/restaurant/office building/apartment complex/parking lot/other: ________________________________].

8. On or about [__/__/____], Plaintiff entered the Premises as [an invitee/a licensee] for the purpose of [________________________________].

The Dangerous Condition

9. At the time of Plaintiff's entry, a dangerous condition existed on the Premises, specifically: [________________________________].

10. The dangerous condition was caused by [________________________________] and had existed for [________________________________] prior to Plaintiff's injury.

Notice to Defendant

11. Defendant had actual notice of the dangerous condition in that [________________________________].

12. In the alternative and to the extent Plaintiff was an invitee, Defendant had constructive notice of the dangerous condition because, in the exercise of reasonable care, Defendant should have discovered the hazard.

13. Despite knowledge of the dangerous condition, Defendant failed to correct, repair, or adequately warn Plaintiff of the hazard.

The Incident

14. On or about [__/__/____], at approximately [____] [a.m./p.m.], Plaintiff [slipped/tripped/fell/was struck by/other: ________________________________] due to the dangerous condition described above.

15. As a direct and proximate result of the incident, Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I — NEGLIGENCE UNDER THE PREMISES LIABILITY ACT

16. Plaintiff incorporates by reference the allegations of all preceding paragraphs.

17. Pursuant to the Colorado Premises Liability Act, C.R.S. § 13-21-115, as the [owner/operator/possessor] of the Premises, Defendant owed Plaintiff, as [an invitee/a licensee], a duty to:

If Invitee (C.R.S. § 13-21-115(3)(c)):
- ☐ Exercise reasonable care to protect against dangers of which Defendant actually knew or should have known;
- ☐ Not unreasonably fail to exercise reasonable care to protect against the danger;

If Licensee (C.R.S. § 13-21-115(3)(b)):
- ☐ Not knowingly fail to exercise reasonable care to protect against dangers of which Defendant actually knew;
- ☐ Not willfully or deliberately cause injury.

18. Defendant breached this duty by [________________________________].

19. Defendant's breach of duty was the direct and proximate cause of Plaintiff's injuries and damages.

COUNT II — NEGLIGENT MAINTENANCE OF PREMISES

20. Plaintiff incorporates by reference the allegations of all preceding paragraphs.

21. Defendant had a duty to maintain the Premises in a safe and reasonable condition, including but not limited to:

• ☐ Conducting regular inspections of the Premises;
• ☐ Repairing known hazards in a timely manner;
• ☐ Implementing adequate safety procedures and protocols;
• ☐ Complying with all applicable building codes and safety regulations.

22. Defendant negligently failed to maintain the Premises by [________________________________].

23. Defendant's negligent maintenance was a direct and proximate cause of the dangerous condition that caused Plaintiff's injuries.

COUNT III — FAILURE TO WARN

24. Plaintiff incorporates by reference the allegations of all preceding paragraphs.

25. Defendant knew or should have known of the dangerous condition on the Premises.

26. Defendant failed to provide adequate warning of the dangerous condition by failing to:

• ☐ Post warning signs or notices;
• ☐ Erect barriers or safety devices;
• ☐ Verbally warn Plaintiff of the hazard;
• ☐ Take other reasonable steps to alert visitors of the danger.

27. Defendant's failure to warn was a direct and proximate cause of Plaintiff's injuries and damages.

DAMAGES

28. As a direct and proximate result of Defendant's negligence, Plaintiff has suffered and continues to suffer the following damages:

a. Medical Expenses: Past and future medical bills in the amount of $[________________________________];

b. Lost Wages and Earning Capacity: Past and future lost wages and diminished earning capacity in the amount of $[________________________________];

c. Pain and Suffering: Physical pain and suffering, both past and future;

d. Mental Anguish: Emotional distress, anxiety, and mental anguish;

e. Loss of Enjoyment of Life: Diminished quality of life and inability to perform daily activities;

f. Permanent Impairment: Permanent disability and/or disfigurement;

g. Other Damages: [________________________________].

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable pursuant to Colo. Const. Art. II, § 23, and C.R.C.P. 38.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant, and award:

a. Compensatory damages in an amount to be determined at trial;

b. Noneconomic damages to the maximum extent permitted under C.R.S. § 13-21-102.5;

c. Pre-judgment and post-judgment interest as allowed by law;

d. Costs of this action, including court costs and filing fees;

e. Attorney's fees as permitted by law;

f. Such other and further relief as this Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Plaintiff
Colorado Attorney Registration No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

COLORADO PRACTICE NOTES

Colorado Premises Liability Act (C.R.S. § 13-21-115)

Colorado has a specific statutory framework for premises liability. The Act codifies the invitee/licensee/trespasser trichotomy and defines duties for each:
- Invitee (§ 115(3)(c)): Landowner liable for unreasonable failure to exercise reasonable care against dangers actually known or that should have been known.
- Licensee (§ 115(3)(b)): Landowner liable for knowingly failing to exercise reasonable care against dangers of which the landowner has actual knowledge.
- Trespasser (§ 115(3)(a)): Landowner liable only for willful or deliberate injury.

Open and Obvious Doctrine — ABOLISHED

Under Vigil v. Franklin, 103 P.3d 322 (Colo. 2004), the common law open and obvious danger doctrine does not survive the enactment of Colorado's Premises Liability Act. The Act replaces the common law framework entirely.

Modified Comparative Fault (50% Bar)

Under C.R.S. § 13-21-111, a plaintiff's recovery is barred if the plaintiff's negligence is "as great as" the negligence of the defendant. If the plaintiff's fault is less than 50%, damages are reduced proportionally.

Noneconomic Damages Cap

C.R.S. § 13-21-102.5 caps noneconomic damages. The cap is subject to periodic adjustments for inflation. Verify the current cap amount before trial. The court may exceed the cap upon a showing of clear and convincing evidence.

Government Property Claims

The Colorado Governmental Immunity Act (C.R.S. § 24-10-101 et seq.) requires a written notice of claim within 182 days after discovery of the injury (C.R.S. § 24-10-109). Failure to provide timely notice bars the claim.

Statute of Limitations

Two (2) years from the date the cause of action accrues (C.R.S. § 13-80-102(1)(a)).

This template is provided by ezel.ai for informational purposes only and does not constitute legal advice. Laws change frequently; always verify current statutes and consult with a licensed Colorado attorney before filing.