Providing Evidence in Premises Liability Cases in Colorado

In Colorado, if you get hurt on someone else’s property, you can file a premises liability claim against the landowner. As the injured party or plaintiff, you bear the burden of proof – meaning you must prove your case using evidence. Providing strong evidence is critical if you wish to hold someone responsible for an injury caused by dangerous property conditions in Denver.

Elements of Proof Needed for a Premises Liability Claim

According to the Colorado Premises Liability Act (Colo. Rev. Stat. § 13-21-115), property owners have a legal duty to ensure the reasonable safety of lawful visitors by properly maintaining and controlling their properties. Under Colorado’s premises liability laws, an injured accident victim can sue a property owner if the following elements exist:

1. Duty of care: the property owner owed a duty of care to the victim based on the victim’s visitor status at the time of the incident (invitee, licensee or trespasser)
2. Breach of duty: the owner breached or violated the required duty of care, such as by ignoring a known or discovered property defect.
3. Causation: the property owner’s breach of duty was the proximate or actual cause of the victim’s injuries or death.
4. Damages: the incident resulted in compensable losses suffered by the victim, such as physical injuries and hospital bills.

The burden of proof that must be met by the plaintiff in a premises liability claim is a “preponderance of the evidence,” meaning more likely to be true than not true. To meet this burden of proof, you or your personal injury attorney in Denver must provide compelling evidence.

Common Types of Evidence Used to Support Premises Liability Cases in Colorado

Evidence refers to factual information that helps to prove a legal claim being made. In a Colorado premises liability case, the evidence available to prove the required elements of the claim will depend on the circumstances.

Examples include:

• Photographs and videos of the property defect or dangerous condition
• An accident report
• Property inspection reports
• Repair and maintenance records
• Eyewitness statements
• Testimony from experts
• The victim’s clothing or shoes
• Medical bills and records
• Leasing agreements
• Communications with the landlord or property owner
• Insurance policies

You can start building your claim early on by gathering evidence while you are still at the scene. You should speak to eyewitnesses, for instance, and take pictures of the defect that injured you before it is removed or repaired. Get medical treatments immediately for any injuries and keep copies of your health care records to support your claim.

How Can a Premises Liability Attorney in Colorado Help?

The strength of your evidence can make or break your Colorado premises liability case. This is why it is important to hire an attorney to represent you if you have a lot at stake. An experienced premises liability lawyer can preserve, collect and present evidence that supports your claim, including hiring highly qualified subject matter experts.

Your Denver premises liability attorney can also advise you on things you can do to help your case, such as getting proper medical care and staying off of social media. With the right attorney representing you, you can focus on healing from your injuries while your lawyer negotiates a premises liability settlement or brings your case to trial. For more information about a specific premises liability claim in Denver, contact Fang Accident Lawyers for a free case review or call (303)-710-8621.