Early-season snow and ice can create dangerous walking conditions in Colorado Springs before winter routines are fully in place. Thin ice, refrozen snowmelt, slush near an entrance, wet mats, or an untreated walkway can cause a serious fall even when much of the surrounding property looks clear. The Law Firm of Mark S. Hanchey and Ben Peterson helps injured people in Colorado Springs, Colorado, evaluate whether an unsafe property condition may support a premises liability claim.
Colorado slip and fall cases are governed by the Colorado Premises Liability Act, C.R.S. § 13-21-115. Liability can depend on why you were on the property, who possessed or controlled the area, what hazard caused the fall, what the responsible party knew or should have known, and whether reasonable steps were taken to address the danger. A fall on snow or ice does not automatically establish liability.
Why Early Snow and Ice Can Create Unexpected Fall Hazards 
Colorado Springs can experience freezing conditions before the heart of winter. Daytime melting followed by colder overnight temperatures can turn a wet walkway into an icy surface within hours. A sidewalk can look mostly dry while shaded sections, stairs, ramps, drainage areas, and entrances remain slick.
Common seasonal hazards include:
- Thin ice on sidewalks, stairs, ramps, and parking areas
• Snowmelt that refreezes after temperatures drop
• Slush tracked into stores, restaurants, offices, and apartment buildings
• Wet, shifted, or curled entrance mats
• Snow piled where meltwater drains across a walking route
• Ice near downspouts or poorly graded pavement
• Poor lighting that makes a slick surface harder to see
The legal issue is not simply whether snow or ice existed. The condition, how it developed, how long it was present, who had responsibility for the area, and what a reasonable inspection or maintenance process would have revealed can all matter.
When Can a Property Owner Be Liable for an Icy Slip and Fall?
A property owner or other legally responsible landowner may be liable when Colorado premises liability law allows recovery and the evidence supports the required elements of the claim.
A customer entering a store or another person visiting property for a business purpose is often treated as an invitee under Colorado law. For most invitees, a landowner may be liable for injuries caused by an unreasonable failure to use reasonable care to protect against dangers the landowner actually knew about or should have known about.
That standard can become relevant when ice repeatedly forms in the same location, employees have already seen tracked-in slush, a maintenance request identifies a recurring drainage problem, or snow or ice remains in a walking area long enough that a reasonable inspection should have detected it.
A property owner is not automatically responsible every time someone falls. Evidence may show that the hazard formed shortly before the accident, reasonable warnings were in place, or another person or company controlled the area. Each claim requires a review of the specific facts.
For a broader explanation of Colorado Springs slip and fall cases, visit:
https://hancheylaw.com/colorado-springs-slip-and-fall-lawyers/
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Who May Be Responsible for Snow and Ice Conditions?
Responsibility can extend beyond the person or company named on the building. Possession, control, lease terms, maintenance duties, and snow-removal agreements may affect who is legally responsible for the area where the fall occurred.
Potentially responsible parties can include:
- A commercial property owner
• A store, restaurant, hotel, or other business occupying the property
• A landlord or property-management company
• A homeowners association responsible for common areas
• A snow-removal or maintenance contractor
• Another company that controlled the area where the fall occurred
• A public entity when Colorado law permits a claim
Claims involving public property can involve governmental immunity rules and notice requirements that differ from ordinary premises liability claims. A fall on a sidewalk, public facility, or another government-controlled area should be reviewed promptly because a separate notice deadline may apply.
Bridgette Carabajal
I've had the pleasure of working with Mr. Hanchey on two occasions, and each interaction has been nothing short of exceptional. His professional demeanor, coupled with the outstanding support from his staff significantly alleviated any anxieties I had. I am thoroughly satisfied with the outcomes achieved. Should the need for legal representation arise in the future, Mr. Hanchey will undoubtedly be my first choice.
Lucas Garcia
Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.
Renee Braucht
I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!
David Walker
I have needed to use a lawyer a couple of times over the past several years and have used Mark Hanchey. He is a very down to earth person who has always treated me with dignity and has always been straight forward. His staff has also been professional and friendly. Each time I used Mark Hanchey the result was a positive one. I also think his fees are reasonable. I cant say enough good about Mark Hanchey.
What Evidence Matters After an Early-Season Fall?
Evidence of snow and ice conditions can disappear quickly. Sunlight can melt ice, a maintenance crew can shovel or apply deicer, employees can move mats, and warning cones can be placed after an accident. Surveillance systems can also overwrite video.
If you can do so safely, photograph or record the exact location of the fall, the ice or snow, nearby drainage, lighting, footprints, warning signs, and surrounding conditions. Take wider photographs that show where the hazard was located and closer photographs that show the surface itself.
Other useful evidence may include:
- Witness names and contact information
• An incident report
• Surveillance or doorbell video
• Inspection and maintenance records
• Snow-removal contracts and service logs
• Prior complaints about the same area
• Weather and temperature records
• Medical records connecting the fall to your injuries
• The shoes and clothing you were wearing
Evidence can disappear within hours. Photograph the exact hazard before snow is removed, ice melts, or the area is treated when you can do so safely.
The firm has an article about evidence in slip and fall cases with more detail:
https://hancheylaw.com/the-importance-of-evidence-in-colorado-slip-and-fall-claims/
Can the Property Owner Blame You for the Fall?
Yes. Colorado follows a modified comparative negligence rule, which means an insurer or defendant can argue that you share responsibility for the fall. If fault is assigned to you, recoverable damages can be reduced according to your percentage of fault. Depending on the percentage assigned, shared fault can also prevent recovery.
In a snow and ice case, the defense may argue that the icy area was visible, you were distracted, you chose an unsafe route, or your footwear contributed to the fall. Those arguments do not decide the claim by themselves. Photographs, witness statements, video, lighting conditions, the property layout, and maintenance history can provide context for what happened.
You can also review the guide from the firm about mistakes that can affect an injury claim:
https://hancheylaw.com/maximizing-your-injury-claim-7-pitfalls-to-avoid-at-all-costs/
What Injuries and Losses Can Follow a Snow or Ice Fall?
A snow or ice fall can cause fractures, ankle injuries, knee damage, shoulder injuries, back injuries, hip injuries, and head injuries. Some symptoms can become clearer hours or days after the fall. Prompt medical evaluation can identify conditions that need treatment and create a record connecting the injury to the incident.
A supported claim may seek compensation for legally recoverable losses caused by the injury. Depending on the facts, those losses can include:
- Medical expenses
• Lost income
• Reduced earning ability
• Physical pain
• Impairment
• Other damages allowed under Colorado law
The value of a claim depends on the medical evidence, liability facts, insurance coverage, recovery time, and any long-term effects.
Learn more about the broader personal injury process:
https://hancheylaw.com/colorado-springs-personal-injury-lawyers/
What Should You Do After a Slip and Fall on Snow or Ice?
Start by protecting your health and preserving evidence. Seek emergency care when an injury is serious, and obtain medical evaluation for pain, limited movement, head symptoms, or other concerning changes.
When circumstances allow:
- Report the fall to the property owner, manager, or business.
• Ask for a copy or reference number for any incident report.
• Photograph the hazard before it melts, is shoveled, or is treated.
• Get contact information from witnesses.
• Identify nearby cameras and ask that relevant video be preserved.
• Keep your shoes and damaged clothing in their current condition.
• Save medical bills, treatment instructions, work notes, and related receipts.
• Avoid posting details about the fall or your injuries on social media.
• Do not sign a broad release until you understand your injuries and legal options.
A record created close to the time of the accident can be more useful than trying to reconstruct the scene months later.
How Long Do You Have to Bring a Colorado Slip and Fall Claim?
Colorado generally applies a two-year statute of limitations to many premises liability and negligence claims. The deadline can differ in some situations, and claims involving a public entity can require formal notice much sooner.
Waiting can weaken a claim before the filing deadline arrives. Ice melts, snow is removed, video can be overwritten, and witnesses can become harder to locate. Early investigation can help identify who controlled the property, whether a snow-removal contractor was involved, and what records should be preserved.
How Can a Colorado Springs Slip and Fall Attorney Help?
A Colorado Springs slip and fall attorney can investigate the property, identify responsible parties, preserve evidence, and evaluate the legal issues that may affect a snow or ice claim.
Legal counsel may be able to:
- Investigate ownership, possession, and control of the property
• Request surveillance footage
• Obtain inspection, maintenance, and snow-removal records
• Review leases, service agreements, and maintenance contracts
• Identify witnesses
• Evaluate comparative-negligence arguments
• Organize medical and wage-loss documentation
• Determine whether the Colorado Premises Liability Act applies
• Evaluate whether a public entity is involved
• Track filing and notice deadlines that may affect the claim
These steps can help clarify what happened, who may be responsible, and what evidence is available to support the claim.
Speak With a Colorado Springs Slip and Fall Attorney
If you were injured on snow or ice in Colorado Springs, Colorado, the Law Firm of Mark S. Hanchey and Ben Peterson can review the condition that caused the fall, the available evidence, the parties who may have controlled the property, and the deadlines that may apply.
The firm offers consultations at no charge and serves clients in Colorado Springs and nearby areas. Call (719) 212-1100 or visit:
https://hancheylaw.com/contact/
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.
