If you have been injured while on another person’s premises, including their land, property, home, place of business, building or store in Denver, it is important to contact an experienced personal injury lawyer immediately to help you determines whether you may have a premises liability claim.
Premises liability basically means a landowner or person in possession of a premises is liable, or responsible, for the injuries a person sustained while on their build, land or premises. Examples of premises liability claims can include swimming pool accidents, slip and fall, negligent security, negligent ice or snow removal, hotel negligence, and negligent building maintenance.
It is important to contact a personal injury attorney in Denver as soon as you have suffered an injury while on another person’s property. Under the Colorado Revised Statutes section 13-80-102, an individual who has been injured only has two years to pursue a tort action against the individual who is responsible for their injuries.
This period of time is known as a statute of limitations, or SOL, and bars the injured party from filing a claim for their injuries after this period has passed. Therefore, it is important to contact a personal injury lawyer immediately to ensure your claim for injuries is not barred.
Denver Premises Liability Attorney
If you suffered serious injuries or your loved one was killed because of a property owner’s negligence, you may be able to seek compensation for your losses. Law Office of Jennifer L. Donaldson represents clients from various communities in Jefferson County, Denver County, Boulder County, Arapahoe County, and Adams County.
With 30 years of legal experience, Colorado personal injury lawyer Jennifer Donaldson has received an AV® Preeminent™ Peer Review Rating from Martindale-Hubbell® because of the highest level of professional excellence her colleagues hold her in. She can review your case as soon as you call (303) 458-5000 today to schedule a free consultation.
Colorado Premises Liability Information Center
- Plaintiff Status in Denver
- Denver Premises Liability Claims
- Premises Liability Claim Factors in Denver
- Colorado Premises Liability Resources
Plaintiff Status in Denver
When determining whether the landowner or person in possession of the property owed you a duty of care, it is important to look at the status of the plaintiff, or the injured party. The three plaintiff statutes in Colorado, as defined in the Colorado Revised Statutes § 13-21-115, include:
- Invitee — An invitee is someone who has been invited to enter or remain on the premises for the benefit of the premise owner or person in possession of the premises. Generally, this is for some type of business purpose and the invitation can be express or implied. The person in possession of the premises owes the invitee the highest duty of care. Therefore, if you have been injured as an invitee, the person in possession of the premises is probably liable for your injuries if they failed to exercise reasonable care to protect against dangers that he knew of or should have known of.
- Licensee — A licensee is someone who has been invited to enter or remain on the premises for any purpose other than a business or commercial purpose, such as a social guest. A licensee is also owed a high duty of care by the person in possession of the premises. Therefore, if you have been injured as a licensee, the premises owner is probably liable for your injuries if they failed to exercise reasonable care with respect to dangers they created and knew about or if they failed to warn you of dangers they did not create and are not ordinarily on the property, but knew about.
- Trespasser — A trespasser is someone who enters the property of another person without an express or implied invitation or for his own purposes. Generally, a trespasser cannot recover for any damages, unless the person in possession of the premises willfully or deliberately caused the trespasser injury.
Denver Premises Liability Claims
Premises liability claims can arise in a number of ways while an invitee or licensee is on the premises of another person. For example, anyone who is a delivery person, customer, social guest, businessperson or store patron is owed a duty by the individual who is in possession of the premises.
Common premises liability claims include, but are not limited to.
- Slip and fall accidents can occur in a number of places, such as restaurants or grocery stores, where an item has spilled but has not been cleaned, or where there is a wet area from mopping that has not been labeled or marked.
- Negligent ice or snow removal cases can occur when a home or building owner failed to clear ice or snow from an area that invitees or licensees frequent. Additionally, persons in possession of a premises are generally required to clear public sidewalks or streets in front of their business or home in order to prevent injuries to the public.
- Negligent building maintenance can occur when an individual in possession of a premises fails to maintain a building, store or other premises that licensees or invitees will attend. Examples of failure to maintain a building can include broken steps or stairs, exposed wires, loose carpet or rugs and holes or other areas that impose a danger but are not marked or blocked off.
Premises Liability Claim Factors in Denver
When pursuing a claim for premises liability, your attorney will file a negligence lawsuit, according to CRS § 13-21-111. In order to win your lawsuit for damages in a premises liability situation, your attorney will have to prove the following factors:
- You must prove that a condition was on the premises that posed an unreasonable risk of harm.
- You must prove the person in possession of the premises knew or should have known the condition existed and posed a risk of harm.
- You must prove the person in possession of the premises was negligent when they created the harmful condition or were negligent in failing to warn or fix the harmful condition.
- You must prove that you sustained some form of injury as a result of the harmful condition.
Colorado Premises Liability Resources
Preventing slips, trips and falls in the workplace – and at home — Falls are one of the most common causes of injuries in premises liability cases. This Colorado Springs Business Journal article discusses some of the ways that property owners can avoid such falls.
The Colorado Springs Business Journal
235 South Nevada Avenue
Colorado Springs, CO 80903
Colorado Revised Statutes | Title 13 — You can read the full text of Colorado laws relating to many of the areas covered under premises liability. This includes actions against landowners, damages and limitations on actions, and contracts and agreements.
Dangerous Conditions on Private Property
The presence of inclement weather means that property owners must be more diligent in maintaining their properties. The lack of care in property upkeep can create dangerous conditions and result in slip and falls, collisions, and other issues due to negligence. Most companies do well with maintaining safe property conditions.
Icy sidewalks and slick walkways are risks that private property owners should be aware exist. Since sidewalks and steps are accessible to any passing individual, property owners should ensure that these areas remain clear and are properly and promptly treated.
Uneven surfaces and dilapidated steps are another cause of concern for passersby. Snow, ice, and even leaves can cause hazards like these to go unnoticed, especially if they go unattended to for long periods of time. City ordinances generally outline what is an acceptable height for uneven surfaces and damage to sidewalks. If the damages fall outside these guidelines, property owners should take the necessary steps to have their sidewalks repaired to make them safe for pedestrians.
In addition to outside hazards, a number of dangerous conditions inside a structure may cause concern as well. When you invite an individual into your home, you must take precautions to reasonably protect them from dangerous conditions which may exist on your property. Raised carpets and faulty handrails are examples of the kinds of dangers that could subject a homeowner to a personal injury claim. It is important to secure all raised surfaces and stabilize any railings to reduce the likelihood of any injuries. Additionally, other examples of hazardous conditions include the following:
- improperly fenced homes
- poor lighting
- uneven stairs
- inadequate security
- unsalted or unshoveled lots
- loose or fallen objects
Law Office of Jennifer L. Donaldson | Denver Premises Liability Lawyer
Were you severely injured or did your loved one die because of dangerous property conditions? It is in your best interest to immediately seek legal counsel for help understanding all of the options you might have.
The Law Office of Jennifer L. Donaldson assists clients throughout such communities in Colorado as Westminster, Boulder, Arvada, Lakewood, Thornton, Littleton, Centennial, Aurora, and Longmont. Denver personal injury attorney Jennifer Donaldson can evaluate your case as soon as you call (303) 458-5000 or submit an online form to set up a free initial consultation.