What Is the Statute of Limitations for Slip and Fall in Colorado?
If you slipped, tripped, or fell on someone else's property in Colorado, you may have a valid personal injury claim. But there is a strict deadline for filing a lawsuit — and missing it can mean losing your right to any compensation, no matter how serious your injuries were.
This article explains Colorado's statute of limitations for slip and fall cases, common exceptions that can change your deadline, and what steps to take right away.
The Basic Deadline: 2 Years in Colorado
Under Colorado Revised Statutes § 13-80-102, most personal injury claims — including slip and fall accidents — must be filed within two years of the date of the injury.
That two-year clock typically starts on the day you were hurt. If you fell in a grocery store on June 1, 2024, you generally have until June 1, 2026, to file a lawsuit in Colorado civil court.
Two years may feel like plenty of time, but it goes faster than most people expect. Medical treatment, insurance negotiations, and everyday life can eat up months quickly. Starting the process early gives your attorney the best chance to build a strong case.
When the Clock Might Start Later: The Discovery Rule
Sometimes injuries are not immediately obvious. Colorado courts recognize a discovery rule, which says the two-year period may begin not on the date of the accident, but on the date you discovered — or reasonably should have discovered — that you were injured and that someone else may be responsible.
This matters most for injuries like soft-tissue damage, nerve issues, or internal problems that don't show up right away. However, courts apply this rule narrowly, so you should never assume you have extra time. Speak with an attorney as soon as you suspect your fall caused you harm.
Key Exceptions That Can Extend (or Shorten) Your Deadline
Several circumstances can change the two-year deadline:
1. Claims against a government entity If you fell on public property — a city sidewalk, a state building, or a public school — Colorado's Colorado Governmental Immunity Act (CGIA) applies. You must file a written Notice of Claim within 182 days (about six months) of the injury. Missing this notice deadline can bar your entire claim, even before the two-year period is up.
2. Injured victims who are minors If the injured person was under 18 at the time of the fall, the statute of limitations is generally tolled (paused) until they turn 18. The two-year window would then begin on their 18th birthday.
3. Mental incapacity If the injured person was legally incapacitated at the time of the accident, the clock may be paused until they regain capacity. Confirm the details with an attorney.
4. Defendant leaves Colorado If the at-fault party leaves Colorado for a period of time after the accident, that time they are away may not count toward the two-year limit.
Colorado's Comparative Fault Rules
Even if you file on time, Colorado's modified comparative fault rule (C.R.S. § 13-21-111) can affect whether — and how much — you can recover.
Under this rule:
- Your damages are reduced by your percentage of fault.
- If you are found more than 50% at fault, you cannot recover anything.
For example, if a jury finds your total damages are $100,000 but you were 20% at fault for not watching where you were walking, you could recover $80,000. Property owners and insurance companies routinely try to shift blame onto the injured person to reduce or eliminate payouts. Having solid evidence and legal representation helps protect you from unfair fault assignments.
What to Do Right After a Slip and Fall in Colorado
The steps you take in the days and weeks after a fall can directly affect the strength of your claim:
- Report the fall — Notify the property owner, manager, or landlord immediately and ask for a written incident report.
- Document the scene — Take photos and videos of the hazard (wet floor, broken step, ice, etc.) before it is fixed.
- Get medical attention — See a doctor even if you feel okay. Medical records link your injuries to the fall.
- Collect witness information — Get names and phone numbers of anyone who saw what happened.
- Preserve evidence — Keep the shoes and clothing you were wearing.
- Contact an attorney early — Evidence disappears quickly. Surveillance footage is often overwritten within days.
You can also start a free case intake right now to find out if your situation meets the basic criteria for a valid claim.
Frequently Asked Questions
How long do I have to sue for a slip and fall in Colorado?
In most cases, two years from the date of injury under C.R.S. § 13-80-102. Government property claims require a notice of claim within 182 days.
What if I didn't realize I was hurt right away?
Colorado's discovery rule may delay the start of the two-year clock until you knew or should have known about your injury. Don't rely on this exception — talk to an attorney as soon as possible.
Can I still file if I was partly at fault for the fall?
Yes, as long as you are 50% or less at fault. Your compensation will be reduced by your percentage of responsibility under Colorado's comparative fault law.
Does Colorado have a cap on slip and fall damages?
Colorado does not currently cap economic damages (medical bills, lost wages) in most personal injury cases. Non-economic damages (pain and suffering) may be capped in certain situations — confirm the current limits with your attorney, as these figures can change.
What if the fall happened at a rented property?
Landlords have a legal duty to maintain safe premises. You may have a claim against the landlord, the property management company, or both. The same two-year deadline generally applies.
Don't Wait — Your Deadline Is Already Counting Down
Colorado's two-year statute of limitations sounds like a long time, but evidence fades, witnesses forget details, and legal processes take time to start. The sooner you act, the better your chances of building a strong case.
Talk to our 24/7 AI to see if you have a strong case — free, no obligation. → Start free intake