Denver Attorneys Secure Defense Verdict in Premises Liability Case with Claims of $3M

Claims and Reasonable Care Under Colorado’s Premises Liability Act

Plaintiff alleged that she slipped on an accumulation of ice in front of a store during winter and sustained injuries to her left hip and right knee as a result. She underwent a total knee replacement, which she attributed to the incident. Plaintiff filed suit against the property owner, the store, and a snow removal company pursuant to Colorado’s Premises Liability Act (CPLA). Thompson Coe represented the property owner in this matter.

Under the CPLA, because Plaintiff was a patron of the store at the time of the incident, she had to prove that a dangerous condition existed on the property at the time of the incident and that the Defendants either had actual knowledge of the condition or, in the exercise of reasonable care, should have known of the condition prior to the fall and failed to exercise reasonable care to protect against the danger.

Despite having incurred hundreds of thousands of dollars in past medical care, Plaintiff withdrew her claim for economic damages just days before the trial. She instead chose to focus on the emotional aspect of the incident and the impact her alleged injuries had on her life in an effort to increase the potential value of her claims for non-economic damages and permanent impairment. Plaintiff sought in excess of $3 million in damages.

Following the conclusion of the evidence, the jury deliberated for less than one hour and returned a defense verdict and awarded $0 in damages.