Entering someone else’s property should not come with an unnecessary risk of injury. If you were injured due to a property defect or hazard in Denver, Colorado, contact Fang Accident Lawyers for a free consultation about your legal options. You may be entitled to financial compensation for your bills and losses.
Hring an attorney to take over your premises liability case can give you peace of mind during this difficult time. You can trust your lawyer to handle the legal legwork of your case, such as accident investigation, evidence collection and settlement negotiations, while you focus on healing from your injuries. An attorney can go up against any defendant on your behalf, including private property owners, commercial businesses, landlords, employers and the government.
Premises liability is the area of law that places a responsibility on property owners to maintain reasonably safe premises. If a property owner is negligent, or falls below the standard of care for property maintenance, the owner can be held liable (legally and financially responsible) for a related visitor injury.
To determine if you have a premises liability case, first consider whether there was a dangerous condition on the property that caused or significantly contributed to your injuries. Examples include wet or slippery floors, broken staircases or railings, inadequate lighting, a dangerous animal on the premises, and inadequate warning signs.
Next, determine if the property owner had a duty to keep the property in a reasonably safe condition for you as a visitor, guest, employee or tenant. In general, as long as you are not trespassing on private property, you will have the right to expect reasonable care from a property owner regarding your safety.
Finally, ask whether the property owner was negligent, such as someone failing to remedy a known dangerous condition in a timely manner, and if this is why you were injured. If you’ve answered “yes” to all of these questions, you most likely have grounds for a claim. Contact an attorney for an evaluation of your specific case to move forward.
A premises liability case in Denver rests on the claim that a property owner or controller breached or violated a duty of care that was owed to the injured victim. This duty of care changes according to the type or classification of the property visitor at the time of the accident. There are three visitor types:
Invitees are owed the highest duty of care by property owners in Colorado: actively inspecting a property, repairing dangerous defects or conditions, and warning of potential hazards. For licensees, property owners must repair known defects and warn of known dangers, but they are not obligated to inspect their properties.
Trespassers are not owed any duty of care besides a property owner not being allowed to cause them intentional harm. However, there is an exception for trespassers who are children under the age of 18. In this case, any attractive nuisances – property hazards that are particularly enticing to children, such as swimming pools – must be kept reasonably safe.
Many different types of avoidable accidents that occur due to dangerous property conditions can lead to premises liability claims. Common examples include:
A premises liability incident can happen at a restaurant, bar, shopping center, big box store, workplace, amusement park or a friend’s house.
If you wish to obtain financial compensation from a property owner for a premises-related accident in Denver, you must meet the burden of proof. You must establish the required elements of the claim as more likely to be true than not true.
The basic elements of a premises liability claim are:
The duties of care owed by a property owner in Denver depend on the classification of the visitor (invitee, licensee or trespasser). A breach of duty can refer to any act or omission that a reasonably prudent property owner would not have made in the same circumstances, such as ignoring a discovered property defect.
If a property owner in Colorado is found liable for your premises-related accident, you may receive financial compensation from the property owner’s insurance provider for economic and noneconomic losses. Examples include:
Before rushing into a settlement with a property insurance company, contact an attorney at Fang Accident Lawyers for an evaluation of how much your case is worth.
According to Revised Statutes § 13-80-102, Colorado’s statute of limitations – or legal filing deadline – for a premises liability case is two years from the date of the incident or discovery of the injury. This law states:
It is important to act as quickly as possible if you’ve been injured on someone else’s property. Waiting puts you at risk of missing your filing window and your claim getting time-barred by the courts.
At Fang Accident Lawyers, we are committed to helping injured accident victims in Denver seek justice and maximum financial compensation from negligent property owners. We have years of experience handling all types of premises liability cases throughout Colorado. We offer free case evaluations, where you can get answers and tailored legal advice at no cost or obligation. Request yours today by calling (720) 379-6363 or contacting us online anytime.