By: Adam Smestad, Black Blink & Associates, 719-328-1616
One of the most common personal injury cases in Colorado in the winter is, no surprise, slips and falls on ice.
You may be wondering – does that amount to a viable personal injury case?
The answer is: Maybe.
Many people believe that property owners are never responsible for injuries caused by snow or ice because Colorado has harsh winters.
That simply isn’t true.
Like most legal questions, the answer depends on the facts.
What Is the Natural Accumulation Doctrine?
Colorado recognizes what is commonly referred to as the natural accumulation doctrine.
In simple terms, the doctrine recognizes that snow and ice naturally accumulate during Colorado winters, and property owners are not automatically responsible every time someone slips.
The law does not require every sidewalk, parking lot, or entryway to be perfectly clear every minute of every day while it is snowing.
But that does not mean property owners are immune from liability.
Property Owners Still Have Responsibilities
Colorado premises liability cases are governed by the Colorado Premises Liability Act, C.R.S. § 13-21-115.
Under that law, landowners may be responsible for injuries caused by dangerous conditions on their property when they knew or should have known about the condition and failed to exercise reasonable care under the circumstances.
In short, if the snow or ice that caused your fall was only present at that location because of some defect on the property, the landowner may be liable.
The Colorado Supreme Court has explained that the Premises Liability Act establishes the exclusive framework for determining a landowner’s liability for injuries occurring on real property. Vigil v. Franklin, 103 P.3d 322 (Colo. 2004).
In other words, simply because snow or ice formed naturally does not automatically end the analysis.
When Can a Property Owner Be Liable?
Every case is different, but courts often look at questions such as:
- Had the snow or ice been present long enough that it should have been addressed?
- Did the property owner have notice of the dangerous condition?
- Was the area regularly used by customers or visitors?
- Had the owner made the condition worse through poor maintenance or drainage?
- Were reasonable snow and ice removal efforts undertaken?
Sometimes the dangerous condition isn’t the snowfall itself.
It may be melting snow that repeatedly refreezes because of a broken gutter.
It may be an improperly sloped sidewalk that allows ice to accumulate.
Or it may be a business that simply ignored an icy entrance despite knowing customers would be walking through it all day.
Those facts can make a significant difference.
Don’t Assume the Insurance Company Is Right
After a winter slip and fall, insurance companies often argue that the hazard was simply a “natural accumulation” of snow or ice.
Sometimes that argument is valid.
Sometimes it isn’t.
Determining whether a property owner acted reasonably requires looking at the entire situation—not just the weather.
Attorneys will often examine photographs of the scene, maintenance records, surveillance videos, witness statements, sometimes even weather reports.
All of these pieces of evidence can become important.
Time Matters
If you’ve been injured in a slip and fall, don’t wait to investigate your claim.
Defects are corrected. Snow melts, ice disappears, security videos get wiped and reused, witnesses forget.
The sooner an attorney can begin preserving evidence, the better your chances of accurately determining what happened and whether the property owner may be legally responsible.
The Bottom Line
Just because your fall involved snow or ice does not automatically mean you don’t have a case.
Colorado law does not require property owners to prevent every accident, but it does require them to act reasonably under the circumstances.
Every slip-and-fall case is different.
Before assuming your injuries are simply “part of living in Colorado,” it is worth speaking with an experienced personal injury attorney who can evaluate the facts, preserve evidence, and explain your legal rights.
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 at 719-328-1616 now for a free consultation.
Sources
- C.R.S. § 13-21-115 – Colorado Premises Liability Act.
- Vigil v. Franklin, 103 P.3d 322 (Colo. 2004) (holding that the Colorado Premises Liability Act provides the exclusive remedy against landowners for injuries occurring on their property).
- Lombard v. Colorado Outdoor Education Center, Inc., 187 P.3d 565 (Colo. 2008) (discussing the duties owed by landowners under the Premises Liability Act and the role of the jury in evaluating whether a dangerous condition existed).
- Henderson v. Master Klean Janitorial, Inc., 70 P.3d 612 (Colo. App. 2003) (addressing liability involving snow and ice conditions and the importance of notice and reasonable care under the circumstances).