Premises Liability Complaint - Colorado

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. Damages
7. Jury Demand
8. Prayer for Relief
9. Colorado Practice Notes

CAPTION

IN THE DISTRICT COURT, [________________________________] COUNTY, COLORADO

Case No.: [________________________________]

Division: [________________________________]

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(4)(c)):

• ☐ Exercise reasonable care to protect against dangers of which Defendant actually knew or should have known under subsection (4)(c)(I); or
• ☐ If the property was classified as agricultural or vacant land, exercise reasonable care to protect against dangers Defendant actually knew about under subsection (4)(c)(II);

If Licensee (C.R.S. § 13-21-115(4)(b)):

• ☐ Exercise reasonable care with respect to dangers created by Defendant that Defendant actually knew about; or
• ☐ Warn of dangers not created by Defendant, not ordinarily present on this type of property, and actually known to Defendant.

18. Defendant breached this duty by [________________________________].

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

Alternative Breach Particulars — Maintenance

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

21. Within the CPLA claim stated above, Defendant's unreasonable failure to exercise reasonable care included, as supported by Plaintiff's entrant status and the facts:

• ☐ 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.

Alternative Breach Particulars — Failure to Warn

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

25. Defendant had the knowledge required by C.R.S. § 13-21-115(4) for Plaintiff's entrant status.

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 demands a trial by jury on all issues so triable under C.R.C.P. 38. Colorado does
not recognize a constitutional right to a civil jury trial; Rule 38 supplies the demand, fee,
timing, and legal-versus-equitable framework. Plaintiff must timely serve the demand and pay
the requisite jury fee.

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(4)(c)): Except for agricultural or vacant land, a landowner may be liable for unreasonable failure to exercise reasonable care against dangers actually known or that should have been known; subsection (4)(c)(II) requires actual knowledge on agricultural or vacant land.
• Licensee (§ 115(4)(b)): The statute distinguishes dangers created by the landowner from other dangers not ordinarily present on the type of property and requires actual knowledge under its stated conditions.
• Trespasser (§ 115(4)(a)): Landowner liable only for willful or deliberate injury, subject to the statute's treatment of attractive nuisance.

Open and Obvious Conditions

Under Vigil v. Franklin, 103 P.3d 322 (Colo. 2004), the common-law open-and-obvious-danger doctrine does not apply to claims governed by the CPLA. Plaintiff knowledge may still be relevant to statutory defenses such as comparative negligence.

Modified Comparative Fault (50% Bar)

Under C.R.S. § 13-21-111, damages are reduced in proportion to plaintiff negligence, and recovery against a defendant is barred if plaintiff negligence is equal to or greater than that defendant's negligence. Apply the allocation rules, including C.R.S. § 13-21-111.5, to the parties and properly designated nonparties.

Noneconomic Damages Cap

C.R.S. § 13-21-102.5 caps noneconomic damages. For a qualifying claim under subsection (3)(a)(II), the cap is $1,500,000 under HB24-1472's filing- and accrual-date rules, with inflation adjustment scheduled beginning January 1, 2028. The former clear-and-convincing exceptional-circumstances increase applies to actions filed before January 1, 2025, not to the $1,500,000 tier.

Government Property Claims

Subject to statutory exceptions, 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). Compliance with subsection (1) is a jurisdictional prerequisite.

Statute of Limitations

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

Jury Demand

Colorado has no constitutional civil-jury right. Under C.R.C.P. 38, a premises-injury action
seeking legal relief may be tried to a jury only upon a timely demand and simultaneous payment
of the requisite fee; the demand ordinarily must be served no later than 14 days after the last
pleading directed to the issue. Confirm the current rule and case schedule before filing.

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.