Slip and Fall / Premises Liability Demand Letter - Colorado

DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF COLORADO

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Colorado ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Colorado

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Claims Representative Name / General Counsel]
[Property Owner / Management Company / Insurance Company Name]
[Street Address]
[City, State ZIP]

RE: PREMISES LIABILITY DEMAND - SLIP AND FALL
Our Client: [Client Full Name]
Date of Incident: [Date of Fall]
Location of Incident: [Full Address of Property]
Property Owner: [Property Owner Name]
Claim Number: [Claim Number, if assigned]

Dear [Recipient Name]:

This firm represents [Client Name] ("Claimant") for injuries sustained on [Date of Incident] at premises owned and/or controlled by your insured/client, located at [Property Address] in [City], Colorado. This letter constitutes our formal demand for settlement.

I. COLORADO-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Colorado Revised Statutes Section 13-80-102(1)(a) generally requires a premises-liability tort action to be commenced within two (2) years after the cause of action accrues. Accrual, tolling, claims against public entities or employees, and other claim-specific rules can affect the calculation. Do not use the incident date alone to calculate the deadline; counsel must determine and calendar the applicable filing date.

B. Modified Comparative Negligence (50% Bar Rule)

Colorado follows modified comparative negligence under C.R.S. Section 13-21-111. A claimant's negligence reduces recoverable damages in proportion to that negligence. If the claimant's negligence is equal to or greater than the negligence of the person against whom recovery is sought, the court enters judgment for that defendant. Allocation among parties and properly designated nonparties is also governed by C.R.S. Section 13-21-111.5, which C.R.S. Section 13-21-115(3) makes applicable to CPLA actions.

Our client exercised reasonable care at all times and bears no responsibility for this incident.

C. Colorado Premises Liability Act (CPLA)

Colorado's premises liability law is governed by the Colorado Premises Liability Act (CPLA), C.R.S. Section 13-21-115. For an injury occurring on another's property because of a condition, activity, or circumstance there, the CPLA is the exclusive remedy against a statutory landowner. The court determines entrant status; the factfinder determines liability and damages. C.R.S. Section 13-21-115(3), (6).

1. Invitees - C.R.S. Section 13-21-115(4)(c)

An invitee is a person who enters or remains on the land of another to transact business or for a purpose for which the land is held open to the public.

Except for agricultural or vacant land covered by subsection (4)(c)(II), an invitee may recover for a landowner's unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about or should have known about. Agricultural or vacant land is subject to the narrower actual-knowledge rule in subsection (4)(c)(II).

2. Licensees - C.R.S. Section 13-21-115(4)(b)

A licensee is one who enters with permission but for the visitor's own purpose.

The statute distinguishes between dangers created by the landowner and other dangers not ordinarily present on the type of property involved, and requires actual knowledge under the conditions stated in subsection (4)(b).

3. Trespassers - C.R.S. Section 13-21-115(4)(a)

A trespasser enters without permission.

A trespasser may recover only for damages willfully or deliberately caused by the landowner, subject to the statute's treatment of attractive nuisance for persons under fourteen.

Our client was an invitee entitled to the highest duty of care.

D. Knowledge and Proof Under the Invitee Standard

For Invitees (C.R.S. Section 13-21-115(4)(c)(I)):

• Actual knowledge: Landowner knew of the dangerous condition
• Constructive knowledge: Facts support that the landowner reasonably should have known of the danger

Evidence of Constructive Notice:

• Duration of the condition
• Appearance suggesting extended existence
• Inspection procedures and frequency
• Prior similar incidents
• Nature of the business operation

E. Open and Obvious Conditions

The common-law open-and-obvious-danger doctrine does not apply to an action governed by the CPLA. A claimant's knowledge and appreciation of the danger may be relevant to comparative negligence or assumption of risk, but it does not eliminate the statutory duty or establish claimant negligence as a matter of law. Vigil v. Franklin, 103 P.3d 322 (Colo. 2004).

F. Snow and Ice Conditions

Private-property snow and ice claims are analyzed under the same CPLA status, knowledge, reasonable-care, causation, and fault rules. The CPLA does not preserve a blanket common-law immunity for a "natural accumulation." Evidence concerning weather, duration, inspections, removal efforts, drainage, refreezing, warnings, and the landowner's knowledge should be developed for the statutory analysis. Public-property snow and ice claims may also implicate the CGIA's specific waiver requirements.

G. Landlords, Tenants, and Other Persons in Control

For an on-premises injury, liability against a landlord, tenant, property manager, contractor, or other person must be analyzed under the CPLA. The threshold question is whether that defendant is a statutory "landowner"—including an authorized agent, a possessor, or a person legally responsible for the relevant condition, activity, or circumstance. Ownership alone and generic common-law landlord exceptions do not replace that defendant-specific analysis. C.R.S. Section 13-21-115(3), (7)(b).

H. Government Immunity - Colorado Governmental Immunity Act (CGIA)

Claims against government entities are governed by C.R.S. Section 24-10-101 et seq.:

Waiver Must Fit the Statute: C.R.S. Section 24-10-106(1)(c) addresses a dangerous condition of a public building. Subsection (1)(d) contains narrower, detailed waivers for specified public highways, roads, streets, sidewalks, and certain snow-and-ice conditions. Subsection (1)(e) addresses listed public facilities. Whether a waiver applies is fact- and location-specific.

Notice Requirement: Subject to statutory exceptions, written notice must be filed within 182 days after discovery of the injury, even if the claimant does not yet know every element of the claim. The required contents, recipient, and service method are specified in C.R.S. Section 24-10-109. Suit generally cannot begin until the entity denies the claim or ninety days pass after notice, whichever occurs first.

Damage Caps (CGIA): For claims accruing on or after January 1, 2026, and before January 1, 2030 (C.R.S. Section 24-10-114, adjusted for inflation every four years):

• $505,000 per person (no person may recover more than this amount)
• $1,421,000 per occurrence (two or more persons)
  (Prior period, claims accruing 1/1/2022-1/1/2026: $424,000 / $1,195,000.)

I. Damage Caps - Private Defendants

Non-Economic Damages: For a qualifying non-medical, non-wrongful-death claim under C.R.S. Section 13-21-102.5(3)(a)(II), as amended by HB24-1472, the total direct and derivative noneconomic damages must not exceed $1,500,000. The statute's filing- and accrual-date rules determine which cap applies. The $1,500,000 limitation is scheduled for inflation adjustment beginning January 1, 2028. The former exceptional-circumstances increase applies to actions filed before January 1, 2025, not to the new $1,500,000 tier.

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD NOTICE

YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this incident and the subject premises, including but not limited to:

• All surveillance video footage from the date of incident
• Surveillance footage from 48 hours before and after the incident
• Incident/accident reports
• Witness statements
• Maintenance logs and repair records
• Inspection records and checklists
• Snow/ice removal records and contracts (if applicable)
• Weather records from the date of incident
• Prior complaints regarding hazardous conditions
• Prior incidents or falls at the same location
• Photographs of the incident location
• Written policies and procedures for maintenance
• Training records for employees
• All communications regarding the incident

This preservation request should be tailored to information reasonably relevant to the incident, the claims, and the defenses. It does not assert that every listed category exists or that a preservation duty has arisen beyond what applicable law requires.

III. STATEMENT OF FACTS

A. The Premises

The incident occurred at [Property Address], which is [describe property type]. At all relevant times, [Property Owner Name] owned, operated, maintained, and/or controlled the subject premises.

B. The Hazardous Condition

On the date of the incident, a dangerous and hazardous condition existed on the premises, specifically:

[DESCRIBE THE HAZARDOUS CONDITION IN DETAIL]

[For snow/ice cases: Describe the weather, duration, inspections, removal or treatment efforts, drainage or refreezing, warnings, and other facts bearing on knowledge and reasonable care]

C. The Incident

On [Date of Incident], at approximately [Time], our client was lawfully present on the premises as a business invitee when [describe the fall in detail].

D. Notice

[Choose applicable theory:]

Actual Knowledge: Your insured had actual knowledge of the hazardous condition because [describe evidence].

Constructive Knowledge ("Should Have Known"): Under C.R.S. Section 13-21-115(4)(c)(I), your insured should have known of the hazardous condition because:

• [Evidence of duration]
• [Evidence of inadequate inspection procedures]
• [Prior similar incidents]
• [Foreseeability based on business operations]

IV. LIABILITY ANALYSIS

A. Duty of Care Under CPLA

As a business invitee under C.R.S. Section 13-21-115(4)(c)(I), our client was entitled to reasonable care protecting against dangers your insured actually knew about or should have known about.

B. Breach of Duty

Your insured breached its duty of care by:

• Failing to maintain the premises in a reasonably safe condition
• Failing to conduct reasonable inspections to discover the hazardous condition
• Failing to remedy or warn of the dangerous condition
• [For snow/ice: Failing to inspect, treat, remove, or warn after actual or constructive knowledge, as supported by the facts]
• [Additional specific breaches]

C. Comparative Fault Analysis

Our client exercised reasonable care at all times:

• [Describe client's reasonable conduct]
• Our client had no reason to anticipate the dangerous condition
• The hazard was not open and obvious

Our client bears no fault whatsoever for this incident. Under Colorado's 50% bar rule, even a finding of fault up to 49% would allow recovery, but we maintain our client is entirely without fault.

D. Causation

The dangerous condition was the direct and proximate cause of our client's injuries.

V. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

As a direct and proximate result of the fall, our client sustained the following injuries:

[LIST INJURIES]

B. Medical Treatment

Emergency Treatment:
[Describe emergency care]

Follow-Up Treatment:
[Describe ongoing treatment]

Current Status and Prognosis:
[Describe current condition and prognosis]

VI. DAMAGES

A. Medical Expenses

Future Medical Expenses: $[Amount]

B. Lost Wages

C. Pain and Suffering (Subject to Statutory Cap)

[Describe pain and suffering]

Note: Non-economic damages are subject to the applicable cap under C.R.S. Section 13-21-102.5. The $1,500,000 tier applies according to HB24-1472's filing- and accrual-date rules and is scheduled for inflation adjustment beginning January 1, 2028.

D. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear liability of your insured, the severity of our client's injuries, and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring on [Expiration Date].

VIII. DOCUMENTATION ENCLOSED

• Complete medical records and bills
• Photographs of the incident location
• Photographs of injuries
• Weather records (if applicable)
• Incident report (if obtained)
• Employment records and lost wage documentation
• [Additional documentation]

IX. CONCLUSION

The evidence establishes clear liability on the part of your insured under the Colorado Premises Liability Act. Your insured's failure to exercise reasonable care caused our client's serious injuries.

We urge prompt attention to this matter.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Colorado Attorney Registration No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

COLORADO-SPECIFIC PRACTICE NOTES

• Colorado Premises Liability Act: C.R.S. Section 13-21-115 governs - must analyze under statutory framework.

• Comparative Negligence: Damages are reduced by claimant fault; the statutory equal-to-or-greater-than bar must be analyzed as to the person against whom recovery is sought and the applicable allocation of fault.

• Snow/Ice: Apply the CPLA; do not use a blanket common-law natural-accumulation immunity for private premises.

• Non-Economic Damage Cap: The $1,500,000 tier under HB24-1472 applies according to the statute's filing- and accrual-date rules; no exceptional-circumstances increase applies to that tier.

• Government Claims: Subject to statutory exceptions, the CGIA imposes a jurisdictional 182-day notice deadline. Confirm the correct recipient, waiver, waiting period, and accrual-period cap.

• Interest on Personal-Injury Damages: If properly claimed and awarded under C.R.S. Section 13-21-101, prejudgment interest is generally calculated at 9% per year from accrual under the statutory rules; appealed judgments are subject to the statute's separate rate provisions.

SOURCES AND REFERENCES

• Colorado Judicial Branch, Colorado Jury Instructions for Civil Trials, Chapter 12 (Premises Liability): https://www.coloradojudicial.gov/media/16678
• Colorado General Assembly, HB24-1472 signed act (C.R.S. Section 13-21-102.5 amendments): https://leg.colorado.gov/sites/default/files/2024a_1472_signed.pdf
• Colorado Secretary of State, CGIA limitations certificate effective January 1, 2026: https://www.sos.state.co.us/pubs/info_center/files/LimitationsOnJudgments.pdf
• Colorado Office of the State Controller, CGIA summary: https://osc.colorado.gov/sorm/liability-claims/cgia-summary
• Current Colorado statutory text (2025 code mirror): https://law.justia.com/codes/colorado/