People get injured at unsafe properties with dangerous conditions every day. Oftentimes, these accidents are avoidable. Property owners must keep areas open to customers, vendors, and guests safe and free of unreasonable hazards. If a property owner fails to do so, they can be held liable for any injuries.
If you have been injured at someone else’s property due to unsafe conditions at the property, our Lakewood premises liability attorneys can help. Speaking with an experienced premises liability lawyer can help you establish whether you have a claim. Contact one of our Lakewood premises liability lawyers today.
What Is Premises Liability?
If you suffer an injury on someone else’s property due to unsafe conditions on the property, premises liability laws govern. A property owner owes a duty of care to make sure others are safe on their property. If someone sustains an injury due to a landowner’s failure, the victim may be eligible for compensation.
Types of Premises Liability Cases
Premises liability claims arise when the negligence of a property owner or manager results in injuries to a visitor. Accidents commonly occur at:
- Retail stores,
- Ski resorts,
- Construction sites,
- Apartment complexes, and
- Private homes.
The most common premises liability claim is the slip-and-fall claim. Other premises liability claims include:
- Negligent security,
- Negligent ice or snow removal,
- Animal attacks,
- Dog bites,
- Negligent building maintenance,
- Elevator and escalator malfunctions,
- Fires, and
- Other dangerous conditions on a property.
These unsafe conditions can cause severe, painful, and debilitating injuries.
What Are Colorado Premises Liability Laws?
The Colorado Premises Liability Act governs premises liability in Colorado. A property owner is not necessarily responsible for all injuries on the property. The status of the injured person on the property determines the duty of care owed to the person.
An invitee is someone who enters the premises for the benefit of the premise owner. Invitees include shoppers and those visiting areas open to the public. Generally, invitees enter the property for some type of business purpose. The owner or person in possession of the premises owes the invitee the highest duty of care.
If you sustain an injury as an invitee, you may recover for injuries caused by the landowner’s failure to fix or warn of dangers it knew about or should have known about.
A licensee is someone invited to enter the premises for the licensee’s own convenience. Most house guests fall under the licensee definition. A licensee is also owed a high duty of care by the person in possession of the premises.
The landowner may be liable to a licensee for a failure to exercise reasonable care. The landowner may also be liable for an unreasonable failure to warn of hazards it created and knew about.
A trespasser enters onto the property without a landowner’s consent. Generally, a property owner is liable only for injuries the landowner willfully or deliberately caused.
Proving Premises Liability
To prove a premises liability claim, a victim must prove the following:
- A property owner had a duty of care to the person on their property;
- The property owner failed to meet their duty; and
- The victim sustained an injury caused by the owner’s failure to meet their duty of care.
The victim has the burden to prove each element. As discussed above, the extent of the property owner’s duty depends on the victim’s status as an invitee, a licensee, or a trespasser.
The victim must also prove the amount of damages. Damages available for premises liability claims include compensation for medical bills, pain and suffering, and lost wages.
Who Is Liable in Premises Liability Claims
The party who owns or controls the property may be liable in a premises liability claim. This may include:
- A property owner,
- A landlord,
- A tenant responsible for the property, or
- A property manager.
Even the government may be held liable for injuries in certain instances.
Slip-and-falls are one of the most common types of premises liability claims. A slip-and-fall accident is exactly what its name implies. It’s a type of personal injury claim when someone is injured due to a slip, trip, or fall on someone else’s property.
A slip-and-fall accident can happen almost anywhere. If you or a loved one recently suffered injuries due to a trip & fall, please contact Lakewood slip & fall attorneys at Gerash Steiner Blanton, P.C.
Our experienced Lakewood slip & fall lawyers will review your case and work hard to get you the most compensation possible.
Common Causes of Slip-and-Fall Accidents
Slip-and-fall accidents can occur for a variety of reasons, including:
- Spilled liquids,
- Freshly waxed or mopped floors,
- Lack of warning signs on wet floors,
- Inadequate lighting, or
- Poor flooring construction.
Gerash Steiner Blanton, P.C. can help review your specific case to identify the cause of your fall. We can also investigate and identify any entities that may be financially responsible for your injuries.
Common Slip-and-Fall Injuries
A slip or trip & fall accident can cause serious injuries. Hip fractures from slip-and-fall accidents can lead to deadly health complications, especially for the elderly. But people of any age could suffer hard- or soft-tissue injuries in a fall. Other injuries can include:
- Muscle strains,
- Nerve damage,
- Traumatic brain injuries, and
- Broken bones.
Our slip-and-fall attorneys have experience helping clients with many different types of injuries. At Gerash Steiner Blanton, P.C., our lead attorney, Eric Steiner, M.D., is also a Colorado medical doctor with more than 17 years of clinical experience. We are uniquely positioned to examine your claims.
What to Do If You’ve Been Injured at Someone Else’s Property
You should take several important steps when injured at someone else’s property.
- Seek medical attention;
- File a report with property owners;
- Take photos of the accident scene;
- Preserve all evidence of the accident; and
- Collect contact information for witnesses and the owner.
Taking these steps will strengthen your case and position you to get the compensation you deserve for your injuries.
Colorado Premises Liability Statute of Limitations
Do not wait too long to seek legal advice and file an injury claim. The statute of limitations in Colorado for a premises liability claim is two years. With only a few exceptions, if you miss this deadline, you will lose the right to seek compensation forever. If you wish to bring a premises liability claim against the government, you will have just 180 days to file written notice.
Gerash Steiner Blanton, P.C. Is Ready to Fight for You
If you are injured on someone else’s property, the responsible party should pay. Contact our Lakewood premises liability attorneys today. We can help you hold wrongdoers accountable. Our unique background and years of trial experience positions us to help you every step of the way. Whether it’s working with an insurance adjuster, negotiating a settlement, or taking the matter to court, we can help. At Gerash Steiner Blanton, P.C., our Lakewood slip & fall lawyers maintain a small caseload. You will appreciate our firm’s personalized attention. Take action today to get the compensation you deserve for your premises liability claim. Call or contact us online to discuss your case.
Our experienced legal team handles other types of cases as well, including:
Estate Planning and Probate
Fiduciary & Estate Litigation