Suffering an accident due to a property owner’s negligence can significantly impact your daily life. One slip and fall can leave you missing work and important payments while medical bills mount. If you’ve been injured on another’s premises, you’’ likely need to take legal action to maximize the compensation you receive for your injuries. Get in touch with our skilled premises to discuss your legal options.
What is Premises Liability in Colorado Springs?
Premises liability is a legal concept that holds property owners accountable for injuries to others caused by unsafe conditions on their property. A landowner owes different responsibilities to different types of visitors. A duty owed to a customer is higher than the duty owed to a trespasser. Failing to meet the appropriate standard of care results in legal liability.
How Do I Prove Premises Liability?
There are required elements to bring a Colorado premises liability claim successfully. The required elements are:
- You were injured due to a dangerous or defective property condition.
- The property owner knew or should have known about the hazardous condition.
- The property owner failed to adequately warn of or fix the defective condition.
- You were lawfully entitled to be on the property.
- You suffered damages as a result of the accident.
Classes of Visitors
In Colorado, there are three classes of visitors for premises liability purposes:
- Invitees: People who enter a property to benefit the owner. Think of people entering a business to buy a product. This class of visitors is owed the highest duty of care from the property owner to protect them from known and foreseeable hazards that exist on the property.
- Licensees: This class of visitors, like invitees, have permission from the owner to be on the property. The difference is that licensees enter the property for their own benefit, not the property owner’s. Examples of licensees include social guests, neighbors, and door-to-door salespeople.
- Trespassers: This category of visitors enters the landowner’s property without permission. While some states require a heightened duty of care for trespassers, Colorado does not. The only requirement for Colorado landowners is not to harm trespassers intentionally.
Property owners must understand the different classes of visitors and the duties owed to each to avoid liability for accidents on their property. Likewise, visitors should know the various classes to understand their rights under Colorado law.
By understanding these distinctions, property owners can assess the risks associated with their property and make adequate efforts to ensure safety. Understanding their legal status influences visitors’ ability to seek compensation after a premises liability accident.
Common Premises Liability Accidents
There are various types of premises liability accidents. They all have in common that they arise from dangerous property conditions. Whether on commercial or residential property, certain types of premises liability accidents happen more frequently than others.
- Slip and Falls: Slip-and-fall accidents are common premises liability claims. When someone slips due to wet floors, uneven surfaces, or other hazards, they likely have a strong premises liability claim. This is especially true if the property owner knew of the dangerous condition and failed to fix it. Our Colorado Springs slip and fall accident lawyers can help with these claims.
- Falling Objects: When objects fall from shelves, rooftops, windows, or construction sites, injuries happen. If a falling object strikes a visitor, the effects can be devastating and likely compensable.
- Carbon Monoxide Poisoning: Carbon monoxide is an extremely hazardous substance due to its odorless and colorless characteristics. During the long Colorado winters, the incidence of carbon monoxide poisoning increases. The reasons include poor building ventilation, unventilated furnaces, and other issues associated with heating fossil fuels indoors.
- Dog Bite Accidents: Dog bite accidents are frequent occurrences. In Colorado, dog bite laws are based on a strict liability standard. This means that dog owners are responsible for any injuries caused by their pets. However, property owners are not accountable for bites to trespassers who are not lawfully on their property.
- Elevator and Escalator Accidents: People often fall and trip on escalators while frequenting public places like malls and airports, causing serious injuries. Property owners must keep elevators and escalators in safe working condition to avoid injuring visitors.
- Swimming Pool Accidents: Swimming pools are extremely hazardous, primarily when used by children. Significant risks are associated with swimming pool use, such as drowning and slipping on wet surfaces. Property owners should maintain strict policies regarding swimming pool use and employ lifeguards if the pool is open for public or commercial use.
The above are just some common types of premises liability accidents. The possibilities for premises liability accidents are virtually limitless, meaning there are many dangers to prepare for as a property owner. Visitors should be cautious when using others’ property to avoid subjecting themselves to unnecessary risk.
How Can a Lawyer Help with My Premises Liability Claim?
Lawyers are an invaluable asset when navigating premises liability claims in Colorado Springs. Victims should focus on recovery and allow a trained professional to handle their legal claims. The result is often much more money than would be recovered without an attorney’s help. Here are some ways a lawyer will help you receive compensation for your premises liability claim:
- Case Evaluation: Lawyers will comprehensively evaluate your claim to determine its worth. They will review your injuries, medical records, impact on quality of life, and all surrounding evidence to ensure you aren’t missing out on any potential recovery.
- Negotiation: A skilled attorney is an asset when it comes to negotiating with insurance companies to reach a just settlement. Insurance adjusters are trained to minimize your claim’s value, but an attorney prevents that from happening.
- Building Your Case: If a settlement can’t be reached, an attorney will prepare your case for litigation. This includes exchanging information with opposing parties, attending court conferences, conducting depositions, writing legal briefs, and many other tasks necessary to win your case.
As you can see, a Colorado Springs personal injury lawyer from our firm can take on much of the burden of your premises liability claim. It’s vital to seek legal help immediately following your injury to avoid missing out on compensation.
Your Trusted Colorado Springs Advocates
If you’ve been injured due to a property owner’s negligence, take action now. Dulin McQuinn Young is a trial-proven firm with over 20 years of experience. They’ve achieved record-breaking verdicts and will handle every aspect of your premises liability claim. Contact us today for a no-cost consultation.