Did you know that under Colorado law, your landlord can be liable if he or she fails to protect you from dangers in your rental apartment?  The basis for the liability lies in Colorado’s premises liability statute, which is the sole remedy available against Colorado landowners for injuries sustained on their property.

Colorado landlords’ duty

Colorado’s premises liability statute obligates landlords to protect tenants from damages caused by a landlord’s failure to exercise reasonable care. Because tenants are classified as invitees, the duty of reasonable care extends both to known harm and harm that the landlord should have prevented. The premises liability statute also requires landlords to maintain their property in a habitable or livable state, which includes providing:

  • Waterproofing and weatherizing the roof and outside walls
  • Plumbing and  gas facilities in working order
  • Hot water
  • Heating facilities
  • Electrical lighting and wiring that conform to applicable law
  • Clean common areas
  • Extermination and rodent removal
  • Adequate garbage facilities
  • Properly maintained floors
  • Locks

Colorado landlords escaping liability

Tenants should note that Colorado’s duty of care is not absolute. According to the most recent amendments to the law in 2006, Colorado landlords may be able to minimize or escape liability by showing that the danger was open and obvious. Landlords may also argue that the tenant willingly assumed the risk of harm or that the tenant’s negligence added to the harm. Colorado law also recognizes that the tenant may be liable for a portion of the harm under the doctrine of pro rata liability. If you or a family member has been injured due to faulty rental property conditions, it is important that you immediately contact a skilled personal injury attorney. Bell & Pollock, P.C. has more than 20 years of experience successfully helping injured Colorado tenants.

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Call a trusted attorney at Bell & Pollock, P.C. at (303) 795-5900 to get on the road to recovery now. You can also email our firm via the contact firm on this page.

As proud champions of the people, our lawyers are ready to answer your questions, explain the law and your rights, and help you take whatever steps necessary to recover the compensation you’re entitled to. With us in your corner, you can be confident that you have the legal support and representation necessary to successfully resolve your claim.

Don’t delay your recovery for a second longer – and don’t be misguided into thinking that you have to go through the process alone. Our attorneys are here, ready to help – and you won’t have to pay us anything until (or unless) there is a recovery in your case.

You may confidentially submit your question and it will be answered by Bell & Pollock, P.C. The only little catch is that he does this as a public service and he's going to give you some general advice only. This does not make you a client of Bell & Pollock, P.C. There is no charge for this service.

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Case Results


CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was driving on a rural road when another car crossed the center line and caused a head-on collision in the snow and ice. Client did physical work for a living. Both knees were injured, along with a neck injury.
Outcome: $2,300,000

CASE: Client was driving on South Parker road when another vehicle rapidly changed lanes and rear-ended the client. That vehicle was cited for careless driving. The collision caused a concussion with traumatic brain Injury. Client missed time from work and had a positive correlation between brain scan and neuropsychological test results.
Outcome: $950,000

CASE: Client was rear ended by a dump truck, was then knocked forward and hit another vehicle. Client had a concussion with traumatic brain injury. Client underwent a brain scan which showed hypoperfusion, correla