You tripped and fell on someone else’s property, and you were injured. You have a case, right?
Not necessarily.
In Colorado, property owners are not automatically liable every time someone falls on their property. At the same time, property owners cannot escape responsibility simply because a dangerous condition appears “small.” A Colorado Slip-And-Fall Attorney can help you sift through the legal details.
This is where something called the “de minimis doctrine” sometimes comes into play.
What Does “De Minimis” Mean?
“De minimis” is a legal principle that essentially means “too trivial to matter.”
In premises liability cases, defendants sometimes argue that a defect was so minor that it could not reasonably be considered dangerous.
Examples may include:
- a small crack in a sidewalk;
- a slight change in elevation between walking surfaces;
- a minor depression in pavement; or
- a small irregularity in flooring.
The argument is that ordinary property users should be expected to encounter minor imperfections in everyday life.
There Is No Magic Measurement
Just because you were injured on someone else’s property in a trip and fall, doesn’t mean you have a case. You must prove that the defect that caused your fall presented an unreasonable risk of injury.
And unfortunately, it’s not as simple as measuring the size of the defect.
Premises liability cases are rarely that simple.
Instead, courts typically look at the totality of the circumstances.
For example:
- Where was the defect located?
- Was the area poorly lit?
- Was the hazard difficult to see?
- Had there been prior complaints or incidents?
- Was the condition hidden by weather, debris, or other distractions?
A seemingly small defect can become much more dangerous depending on the surrounding circumstances.
Colorado Premises Liability Law Focuses on Reasonableness
In Colorado, most slip and fall claims are governed by the Colorado Premises Liability Act, C.R.S. § 13-21-115.
The law generally requires courts and juries to evaluate whether a landowner exercised reasonable care under the circumstances and whether the dangerous condition caused the injury.
The focus is often not on the size of the defect alone.
The real question is whether the property owner knew or should have known about an unreasonable risk of harm.
Small Hazard. Serious Injury.
Another important point is that serious injuries can result from seemingly minor hazards.
I’ve seen cases involving:
- broken wrists,
- shoulder injuries,
- knee injuries,
- hip fractures,
- and traumatic brain injuries
from conditions that initially appeared insignificant.
The severity of an injury is not always proportional to the size of the defect that caused it.
Don’t Disqualify Your Own Case
One of the biggest mistakes people make is assuming they do not have a claim because the hazard looked minor.
Property owners and insurance companies often raise the “de minimis” argument early in a case.
That does not mean they are right.
Whether a condition is legally insignificant depends on many facts, including photographs, witness testimony, maintenance records, prior complaints, and the circumstances surrounding the fall.
The Bottom Line
If you were injured in a slip and fall, don’t assume your case rises or falls based solely on the size of a crack, hole, or uneven surface.
Colorado law looks at the entire situation.
A condition that appears minor at first glance may still create an unreasonable risk of harm under the right circumstances.
Before deciding you do not have a case, it is worth speaking with an attorney who can evaluate all of the facts—not just the measurements.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink, & Associates LLC at 719-694-0578now for a free consultation.
Sources
- Vigil v. Franklin, 103 P.3d 322 (Colo. 2004) (discussing duties and standards under Colorado’s Premises Liability Act).
- Lombard v. Colorado Outdoor Education Center, Inc., 187 P.3d 565 (Colo. 2008) (analyzing landowner liability under the Premises Liability Act).