Winter in Colorado transforms the state into a stunning winter wonderland, but it also introduces hazards that put pedestrians at risk. Icy sidewalks are a major contributor to slip and fall accidents during the colder months. These incidents can result in painful injuries, expensive medical bills, and prolonged recovery periods. When these accidents occur, one of the most important questions for victims is: Who is responsible for maintaining safe sidewalks and compensating for injuries?

What Are Property Owners’ Responsibilities for Icy Sidewalks in Colorado?

Colorado law places a duty of care on property owners to keep sidewalks adjacent to their premises safe for pedestrians, including during winter weather. This duty requires timely and reasonable efforts to clear snow and ice after a snowfall or freezing rain. While specific rules can vary based on local ordinances, the following general principles apply:

• Residential Property Owners: Homeowners are typically responsible for clearing sidewalks bordering their property. In many municipalities, such as Denver, homeowners are required to remove snow and ice within 24 hours after the snowfall stops.
• Commercial Property Owners: Business owners, landlords, and property managers are held to a higher standard. Since commercial properties see significant pedestrian traffic, owners must be vigilant about clearing sidewalks, parking lots, and entryways of snow and ice promptly.
• Municipalities: Cities and counties may be responsible for sidewalks near public spaces, such as parks, government buildings, and transit hubs. However, governmental immunity laws may restrict when and how municipalities can be held liable for slip and fall injuries.

Local laws and ordinances determine the specific responsibilities for snow and ice removal, so it is essential to understand the requirements in your city or town. If property owners or municipalities fail to address dangerous sidewalk conditions, they may be held liable for injuries that result from their negligence.

How Does Liability Work in Slip and Fall Cases?

To hold a property owner, business, or municipality accountable for a slip and fall injury on icy sidewalks, you must prove that their negligence caused the unsafe conditions. Establishing liability in these cases involves demonstrating the following key elements:

• Duty of Care: The property owner had a legal obligation to maintain safe conditions on the sidewalk.
• Breach of Duty: The property owner failed to fulfill their responsibility by not clearing snow and ice or by failing to address a known hazard.
• Causation: The hazardous sidewalk condition directly caused your slip and fall accident.
• Damages: You suffered injuries, medical expenses, lost wages, or other measurable losses as a result of the fall.

For example, if a property owner ignored municipal ordinances that require clearing sidewalks within a specific timeframe, and you slipped on ice the following day, their failure to act could be considered negligence.

What Should You Do After a Slip and Fall on Ice?

Taking the right steps immediately after a slip and fall on an icy sidewalk can greatly improve your chances of recovering compensation. Here are the most important actions to take:

1. Seek Medical Attention: Your health is the top priority. Even if injuries seem minor at first, some conditions, such as fractures or head trauma, may worsen without proper care.
2. Document the Scene: Take clear photos or videos of the icy sidewalk, including any visible hazards, such as untreated snow, slippery patches, or poor drainage. Capture nearby surroundings, like street signs or business entrances, to establish the location.
3. Collect Witness Information: Speak with anyone who witnessed your fall or the unsafe conditions. Their statements can help support your case later.
4. Report the Incident: Notify the property owner, property manager, or municipality about the accident. Ensure you keep a record of your communication.
5. Keep Records of Your Injuries: Maintain all medical records, bills, and receipts related to your injury and treatment. These documents are essential for proving damages in a legal claim.

Acting promptly after an accident not only protects your health but also preserves crucial evidence that can strengthen your case against the responsible party.

What Role Does Comparative Negligence Play in Colorado?

Colorado follows the legal principle of modified comparative negligence, which can impact how much compensation you receive for a slip and fall accident. Under this rule, if you are found partially at fault for the incident, your compensation will be reduced by your percentage of fault. For example, if you are awarded $10,000 but are found to be 20% at fault for not watching where you stepped, your compensation would be reduced to $8,000.

However, if you are found to be 50% or more at fault, you will not be eligible for compensation. Common factors that may contribute to a determination of partial fault include:

• Wearing inappropriate footwear for winter conditions.
• Failing to pay attention to clearly visible hazards.
• Ignoring warning signs or barriers indicating unsafe areas.

Because comparative negligence can complicate slip and fall claims, it is essential to gather strong evidence that shows the property owner’s negligence was the primary cause of your injuries.

Can You File a Claim Against a City or Municipality?

Filing a claim against a city or municipality for a slip and fall injury can be more challenging due to governmental immunity laws. While municipalities are responsible for maintaining public sidewalks, they are protected from certain liability claims under the Colorado Governmental Immunity Act (CGIA). To hold a municipality accountable, you must demonstrate that:

• The city or county was aware of the hazardous sidewalk condition.
• They failed to address the issue within a reasonable amount of time.
• The condition directly caused your injuries.

Filing a claim against a municipality involves strict procedural requirements, including submitting a formal notice of claim within 180 days of the incident. Missing this deadline can prevent you from pursuing compensation. Consulting an experienced attorney can ensure your claim is filed correctly and on time.

Why You Should Consult an Attorney for Slip and Fall Cases

Slip and fall accidents involving icy sidewalks are not always straightforward, especially when determining liability and proving negligence. An experienced personal injury attorney can play a critical role in helping you recover compensation by:

• Investigating the accident and gathering evidence, such as photos, witness statements, and weather reports.
• Identifying the responsible party, whether it is a homeowner, business, or municipality.
• Negotiating with insurance companies to ensure you receive a fair settlement that covers your medical expenses, lost wages, and other damages.
• Representing you in court if a settlement cannot be reached.

Legal representation allows you to focus on your recovery while ensuring your case is handled professionally and thoroughly.

Call Fiedler Trial Lawyers Today if You’ve Been Injured in a Slip and Fall Accident

Slip and fall accidents on icy sidewalks can have serious consequences, but victims have legal rights under Colorado law. Whether the responsibility lies with a property owner, business, or municipality, you may be entitled to compensation for your injuries. If you or someone you love has been hurt in a winter-related slip and fall, it’s important to take action quickly to preserve evidence and file a claim.

At Fiedler Trial Lawyers, our team is dedicated to holding negligent parties accountable and helping you secure the compensation you deserve. Contact us today for a free consultation to discuss your case and explore your legal options.