On June 14, 2017, a fire occurred in a two-story unit at the Tercero Townhomes in Durango, Colorado. Hilda Picasso leased the unit, and at the time of the incident, her sister, Grisela Picasso, and Grisela’s two minor children, Rivers and Ira Martinez, were staying there. The fire began during the early morning hours while the family slept. Grisela awoke to heat and smoke and was unable to exit through the bedroom door. She helped her children escape through a window before exiting herself. The children sustained physical and psychological injuries from the fire. Witnesses later testified that they did not hear a smoke alarm during the incident.
Anthony Martinez, acting as father and next friend of Rivers and Ira, filed suit against Cast, LLC (the property owner), Caroni Adams, Inc. (the property manager), and Carolyn Caroni Adams (the property manager’s owner and agent). The suit alleged liability under the Colorado Premises Liability Act, asserting that the dwelling did not have the required number of operational smoke alarms.
At trial, witnesses disagreed about the number of smoke alarms in the unit. Most testified that there was only one smoke alarm in the hallway outside the bedrooms. A fire safety expert testified that the alarm was likely installed when the unit was built in 1979 and was decades beyond its recommended lifespan. The trial court instructed the jury based on a version of Durango’s fire code that required four smoke alarms in such units. The jury found the defendants liable and awarded $2,483,317.16 in damages.
The defendants appealed, arguing that the trial court used the wrong version of the fire safety ordinance to define the standard of care. They also challenged whether Carolyn Adams qualified as a landowner under the Act.
The Colorado Court of Appeals reviewed which version of Durango’s fire ordinance applied and how it defined the defendants’ duty of care. The court examined three potential points in time that could determine which code governed the case: when the dwelling was built (1979), when the lease was executed (2014), or when the injuries occurred (2017). The Court of Appeals held that the ordinance in effect at the time of the injuries governed the standard of care.
The court analyzed the relevant editions of the International Fire Code (IFC) adopted by the City of Durango. When the property was built, Durango followed the 1976 Uniform Building Code, which required one centrally located smoke alarm in a corridor near sleeping areas. Later, Durango adopted the 2003 IFC, and then the 2012 IFC, which was in effect when the fire occurred. The 2012 IFC required alarms in each bedroom, outside each sleeping area, and on each level, but it contained an exception for buildings already compliant with the code in effect at the time of construction.
The appellate court concluded that this 2012 IFC exception applied. Because the building had complied with the 1976 code at the time of construction, the property was not required to meet the 2012 code’s expanded alarm placement rules. The court determined that the trial court erred in instructing the jury under the 2003 IFC rather than applying the 2012 IFC and its exception.
The court also reviewed whether Carolyn Adams qualified as a landowner under the Colorado Premises Liability Act. Evidence showed that Adams owned and managed Caroni Adams, Inc., which held authority to lease, inspect, and repair the property. She also personally executed leases and performed inspections. The court found that these responsibilities established her as an authorized agent and person in possession of the property, making her a landowner for purposes of the Act.
The Colorado Court of Appeals reversed the trial court’s judgment and remanded the case for further proceedings. The appellate court held that the trial court’s instruction based on the 2003 fire code constituted reversible error because the correct ordinance was the 2012 edition in effect when the fire occurred. The court also affirmed that Carolyn Adams was a landowner under the Act and denied the plaintiffs’ request for attorney fees.
If you or a loved one has been injured due to unsafe property conditions, Whitcomb, Selinsky PC assists with premises liability cases. Contact our team to learn how we can help you evaluate potential claims involving property safety and owner responsibility.