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Snow & Ice Claims in Colorado

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    Denver Snow & Ice Claims Lawyer

    Colorado winters bring ice, snow, and “transitory” hazards that can change hour to hour. But property owners still have a duty to act reasonably—by inspecting, shoveling, sanding, salting, and warning visitors. If you slipped on snow or ice at a store, apartment complex, office, or parking lot, you may have a claim under Colorado’s Premises Liability Act. Our Denver slip-and-fall team investigates quickly, preserves evidence, and builds the proof needed to win.

    What Makes Snow and Ice Cases Different

    Snow and ice cases move fast because conditions can melt, get plowed, or be covered up. At the same time, Colorado’s weather can give property owners excuses they shouldn’t have. We focus on what the owner knew or should have known and whether they had a reasonable plan to keep people safe.

    • Transitory conditions: Ice can form and refreeze throughout the day. Owners still need reasonable inspection and remediation procedures.
    • Black ice and refreeze: Sun-melt in the afternoon can refreeze overnight. Reasonable owners anticipate this and treat or re-treat walkways.
    • Code and policy gaps: Many properties lack a written snow/ice plan—or don’t follow it. We obtain policies, logs, vendor contracts, and camera footage to show what really happened.

    Colorado Law: Duties and “Notice”

    In Colorado, the Premises Liability Act governs claims against landowners. Your status (invitee, licensee, trespasser) and the owner’s knowledge of the hazard matter. Invitees—like shoppers, tenants’ guests, delivery workers, and most customers—are owed the highest duty of care.

    • Invitees: Owners must use reasonable care to protect against dangers they knew or should have known about through reasonable inspections.
    • Notice: We prove “actual notice” (they knew) or “constructive notice” (they should have known) with time-on-the-ground evidence, weather data, maintenance logs, staffing and inspection policies, surveillance video, incident reports, and witness testimony.
    • Reasonableness: We compare the owner’s actions to industry standards, local ordinances, and common-sense measures like timely shoveling, de-icing, and warnings.

    Evidence That Wins Snow and Ice Cases

    Because conditions change quickly, early evidence can make your case. If you can, gather what you safely can and then contact us so we can preserve the rest.

    • Photos and video: Time-stamped pictures of the ice, footprints, untreated areas, and missing warning signs can prove notice and duration.
    • Surveillance footage: Stores, apartments, and parking facilities often have cameras. We move fast to demand preservation before footage is overwritten.
    • Weather data: We use certified weather records, radar, and freeze/thaw patterns to show the owner should have anticipated refreeze.
    • Logs and policies: Inspection sheets, maintenance logs, vendor contracts, and snow/ice policies often reveal gaps or missed treatments.
    • Incident reports and witnesses: Employees and other customers can confirm recurring icy spots, prior complaints, or lack of treatment.

    How “Storm-in-Progress” Arguments Are Handled in Colorado

    Some owners argue they don’t need to treat during an active storm. Even during snowfall, reasonable steps—like salting high-traffic entrances, placing cones or signs, and spot-treating dangerous areas—are expected. After the storm, owners are expected to clear and treat within a reasonable time given the conditions. We use timing, forecasts, and staffing to show what is “reasonably” required.

    Refreeze, Black Ice, and Drainage Problems

    Not all ice is from a storm. Poor drainage, leaky downspouts, shaded areas, and sloped surfaces create recurring icy patches. When the hazard is predictable and recurring, owners must fix the source, not just throw salt on it occasionally.

    Common Places Snow and Ice Claims Arise

    Snow and ice hazards show up anywhere people walk. We tailor our investigation to the type of property and its maintenance responsibilities.

    • Retail and restaurants: Sidewalks, entry mats, cart corrals, curb cuts, and sloped entrances often accumulate meltwater and refreeze. Stores must inspect and treat high-traffic areas and move mats as conditions change.
    • Apartments and landlords: Property managers must address common areas, parking lots, stairways, and shaded walkways where ice lingers. Vendor contracts and maintenance logs are critical.
    • Offices and commercial lots: Plow and de-icing schedules, lighting, and drainage are key. We examine whether the winter plan matched the forecast and storm duration.
    • Sidewalks and shared spaces: Responsibility can be split between a business and a contractor, or by ordinance between a property owner and the adjacent sidewalk. We identify every responsible party.

    Comparative Fault and Footwear

    Insurers often blame victims for “not watching where they were going” or wearing the wrong shoes. Colorado’s comparative negligence system reduces compensation only if a jury finds you partly at fault—and bars recovery if you’re 50% or more responsible. We counter blame-shifting with evidence about lighting, warnings, traction, and the owner’s inspection/treatment failures.

    What to Do After a Fall on Snow or Ice

    A few steps can protect your health and your claim. Do what you safely can, then contact us so we can take over.

    • Get medical care: Document symptoms early, even if pain seems minor. Tell providers exactly how you fell.
    • Photograph the scene: Capture the ice, lighting, lack of treatment, and your clothes/shoes. Save the footwear.
    • Report the incident: Ask for an incident report and keep a copy. Get names of employees and witnesses.
    • Preserve evidence: Keep receipts, appointment cards, and any texts/emails with management or a landlord.
    • Contact a lawyer quickly: We send preservation letters for surveillance, logs, and weather-related records before they disappear.

    How We Prove Negligence in Snow and Ice Cases

    We build a timeline and compare what should have been done to what actually happened. This is where experience and quick action matter.

    • Timeline: Forecasts, accumulation, melt/refreeze, and the timing of inspections and treatments.
    • Duty and breach: Policies versus practice; whether reasonable measures were taken given the conditions.
    • Causation: Linking the hazard to your fall with photos, video, witness statements, and medical documentation.
    • Liability and parties: Owner, property manager, snow contractor, and any tenant with maintenance duties.

    Common Injuries from Snow and Ice Falls

    Falls on ice often cause serious injuries that can change your life. Proper diagnosis and documentation are essential for a full recovery and fair compensation.

    • Shoulder injuries: Rotator cuff tears, labral tears, and dislocations are common when you reach out to break a fall.
    • Hip injuries: Hip fractures are frequent with sideways falls and may require surgery and lengthy rehab.
    • Spine and back injuries: Herniated discs and compression fractures may not show immediately but can worsen over time.
    • Traumatic brain injuries: Even with a hat or hood, a backward fall on ice can cause a concussion or TBI. Early evaluation matters.
    • Wrist and ankle injuries: FOOSH (fall on outstretched hand) wrist fractures and ankle sprains/fractures require imaging and follow-up.

    What Compensation Can Cover

    Damages aim to make you whole. While results depend on the facts, we pursue every category supported by the evidence.

    • Medical expenses: ER visits, imaging, surgery, PT, injections, and future care.
    • Lost income: Time off work, diminished hours, and loss of future earning capacity.
    • Pain and suffering: Physical pain, loss of mobility, sleep disruption, anxiety, and loss of enjoyment of life.
    • Out-of-pocket costs: Medications, braces, transportation, home help, and modifications.
    • Permanent impairment and scarring: When injuries leave lasting limitations.

    Frequently Asked Questions (FAQs) About Colorado Snow and Ice Claims

    These are common questions we hear from clients across Denver, Aurora, and Boulder. If you don’t see your question, ask us—we’ll answer.

    Do I have a case if it was still snowing?

    Possibly. Owners still need to take reasonable steps during a storm in high-risk areas and respond promptly afterward.

    What if I didn’t see the ice?

    Invisible “black ice” is common. Lack of visibility can support your claim, not undermine it.

    The store says they salted—do I still have a claim?

    Maybe. We check timing, coverage, and whether treatments were reasonable for the conditions.

    How long do I have to file?

    Colorado’s deadlines are strict. Contact us as soon as possible so we can protect your rights and meet all time limits.

    I fell at my apartment complex—do I pursue the landlord or the snow contractor?

    Sometimes both. We investigate contracts and responsibility for common areas and parking lots.

    Why Choose Klibaner Law Firm?

    With more than three decades handling Colorado premises cases, we know how apartments and commercial properties are run—and where safety systems break down. We secure time‑sensitive video and logs, retain qualified experts, and present your medical story in a way insurers respect and juries understand. Our trial‑ready approach drives settlement value.

    If you were injured in a fall at an apartment or commercial property in Denver or anywhere in Colorado, contact Klibaner Law Firm for a free consultation. We’ll secure the evidence, coordinate your medical proof, and pursue full compensation. No fee unless we recover. Call 303‑863‑1445 or reach out online.