Our Denver Premises Liability Attorneys Can Help
When you visit another person’s home or a place of business, the last thing you are expecting is to suffer an injury. Unfortunately, things like this do happen, and you can be left with some serious damages. When a property owner doesn’t care for the grounds, or doesn’t warn visitors about possible dangers, they can be held liable for any injuries that may happen.
At Gerash Steiner, P.C., our Denver premises liability attorneys have earned a trusted reputation for advocating on behalf of individuals injured in premises liability cases. We are fully aware of the precautions that property owners are supposed to take, and failing to do so should make them responsible for any resulting injury. We aggressively work on our clients’ behalves to help them towards a favorable outcome because we believe that if you have been injured due to someone else’s negligence, you should not have to suffer from the associated hardships. Instead, contact one of our Denver slip and fall lawyers today.
What is a Premises Liability Case About?
Premises liability (or property liability) cases involve situations where an individual suffers physical harm because of a hazard present on public or private property. That said, there are many kinds of premises liability cases, including:
- Dangerous conditions on the property,
- Dog attacks,
- Trip and fall accidents, and
- Physical assaults.
At the most basic level, all premise liability cases must involve three basic elements:
- 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.
If you have been in a situation where these three conditions are true, you could have a property liability case.
Who Can File a Premises Liability Case?
There are three statuses for people who may be able to file a premises liability case regarding injury on a property, they are:
- The Invitee: A person who has the property owner’s express or implied permission to be there, including friends, relatives, or neighbors. A property owner owes invitees reasonable care in maintaining the property.
- The Licensee: A person who has the property owner’s permission to be on the property but who is there for his or her own purposes, such as a delivery person or salesman. If the person is asked to leave and does not, they become a trespasser. A property owner owes licensees a fair warning of concealed dangers of which the licensee is not aware.
- The Trespasser: A person who unlawfully enters or remains on another’s property. A property owner does not owe a trespasser other than willfully harming the trespasser.
Who Can Be Held Liable in a Premises Liability Case?
Depending on the circumstances, various parties can be liable in a premises liability case. The primary party typically held responsible is the property owner, who has a duty to maintain a safe environment for guests. However, liability can also extend to tenants if they are responsible for the condition that led to the injury. Property managers or maintenance companies may also be liable if they were negligent in keeping the premises safe. In some cases, a contractor or other third party whose actions contributed to the unsafe condition may be held liable. A Denver premises liability lawyer can assess the specifics of the case to determine the liable parties and pursue appropriate legal action on behalf of the injured party.
Causes of Injuries Due to Premises Liability
We understand the many ways that an individual can sustain an injury on someone else’s property, and we know what to look for in order to prove negligence. Premises liability cases often concern similar circumstances, and these details can be beneficial to your case.
Common premises liability accidents include:
- Wet or slippery floors
- Uneven stairways or walkways
- Inadequate security
- Unsecured dogs / animals
- Poor maintenance
- Poorly lit areas
If you have been injured on someone else’s property, it is important for you to contact us as soon as possible so we can help determine if negligence was the causing factor. We truly care about your well-being, and we understand the difficulties that are associated with a serious injury, such as medical expenses. This is why we offer free case evaluations, so we can get a better understanding of your case, and determine if you have a viable claim.
Common Types of Injuries from Premises Liability Cases
While you can suffer any number of injuries while on someone else’s property, there are some circumstances where injuries are more common, such as:
- Slip/trip and fall incidents,
- Elevator and escalator accidents,
- Swimming pool accidents,
- Dog bites, and
- Inadequate security incidents result in assaults, robberies, or other harm.
Common injuries stemming from these accidents include:
- Bone fractures from slip and fall accidents or being struck by objects;
- Soft tissue injuries such as sprains, strains, and bruises;
- Head and brain injuries, including concussions and traumatic brain injuries;
- Spinal cord injuries can result in paralysis or long-term mobility issues;
- Cuts and lacerations; and
- Psychological injuries such as post-traumatic stress disorder (PTSD) from the incident.
These injuries can have lasting effects on a person’s physical health, emotional well-being, and financial stability, highlighting the importance of seeking a Denver premises liability attorney.
Damages in Premises Liability Cases
Contrary to popular belief, slip and fall accidents frequently cause serious problems. Aside from the physical injuries that result from the accident, you have to cope with the emotional and financial fallout effects. Thankfully, the law recognizes that victims suffer in many kinds of ways after a slip and fall accident. Therefore, you might be able to obtain compensation for the following kinds of damages
Medical expenses
If you are the victim in a slip and fall case, you probably had to pay significant medical bills. In situations where the victim sustains a serious injury, like a concussion or spinal cord damage, the medical bills can far exceed what any insurance provider will cover. Fortunately, the law allows victims to recover compensation for all of their medical expenses. This includes not only emergency care, but long-term care, physical rehabilitation, psychiatric care, and the cost of prescription medications.
Pain and Suffering
Some damages in a premises liability claim, like medical bills and property damage, are easy to put a price tag on. Others, like pain and suffering, are harder to quantify. Fortunately, Colorado law allows victims to recover damages for these issues too. In those situations, consulting a team of skilled Denver trip and fall attorneys can all make the difference between going home empty-handed and getting the damages that you rightfully deserve.
Lost Wages
If you had to call in sick because of your slip and fall injuries, you can recover damages for your lost wages. You can also be compensated if you were fired or missed out on a promotion because you had to take leave to heal from your slip and fall injuries.
Frequently Asked Questions
Our clients often have many questions about property liability cases. Here are some of the most common ones.
What Should I Do After I Am Injured on Someone Else’s Property?
There are a few critical steps that we recommend you take:
- Get yourself out of danger,
- Obtain medical treatment right away,
- Report your accident to the property owner,
- Get the contact information of the owner and any witnesses.
- Preserve all evidence of the accident, and
- Contact a Denver premises liability lawyer immediately.
Following these steps will make it easier for you to win your case and recover more damages.
How Will the Judge Decide My Case?
Initially, the judge will determine whether you were an invitee, a licensee, or a trespasser when you were on the other party’s property. The judge considers several factors to determine your legal status at the time of your injury:
- The reason you were on the property,
- What you were doing while on the property,
- The foreseeability of the accident and injury, and
- Whether the property owner was reasonable in their effort to warn of any danger.
How the case is decided will turn, in large part, on whether the judge determines you were an invitee, licensee, or trespasser. A jury will then typically decide the factual issues of the case, including whether you met your burden of proof, how much your injuries are worth, and what the appropriate amount of damages are under the circumstances.
Since each status category has its own duty of care, your status at the time of your injury will help determine what you have to prove to recover damages under the Colorado Premises Liability Act.
Why Should I Hire a Premises Liability Lawyer?
Attorneys can perform many vital tasks for property liability victims. For instance, they can collect evidence from the scene of the accident and from the owner. They can arrange for medical experts to testify about your injuries. They can represent your interests during negotiations with the property owner and with third parties. Finally, they can make your case before a jury if your claim goes to a hearing.
How Can a Denver Premises Liability Attorney Help?
Denver trip and fall lawyers, like the Gerash Steiner, P.C. team, can provide crucial assistance if you are injured on another’s property. Our attorneys are well-versed in the complexities of premises liability law and can navigate the legal system on behalf of the injured party. A few of the many services we provide include:
- Legal expertise. Denver slip and fall attorneys understand the nuances of premises liability laws and can provide expert guidance.
- Investigation. The right attorney can also conduct a thorough investigation into the circumstances of the injury, gathering evidence such as witness statements, surveillance footage, and maintenance records.
- Liability determination. An experienced attorney can help determine who is liable for the injury, whether the property owner, a tenant, or another party.
- Negotiation. Denver trip and fall lawyers can negotiate with insurance companies or opposing counsel to reach a fair settlement that covers the injured person’s damages.
- Litigation. If a settlement cannot be reached, a premises liability attorney can represent the injured party in court, advocating for your rights and seeking the compensation you deserve.
Finally, the right premises liability lawyer can provide support and guidance throughout the legal process, ensuring the injured person understands their rights and options.
Gerash Steiner, P.C. Is Ready to Fight for You!
Through our unique background and years of trial experience, we are ready to help you. Our team of talented Denver property liability lawyers can work with you to negotiate a settlement on your behalf, but we are also always ready to take a case to court if the circumstances deem it necessary. You can benefit from receiving the attention you deserve because our firm only takes on a small caseload, so you can get personalized, detailed focus.
Don’t hesitate to secure the representation you need for your premises liability case. Our Denver premises liability attorneys are ready to stand by your side every step of the way and provide you with the aggressive representation you need during this difficult time.
Our experienced attorneys also handle other types of injury cases, including:
- Car Accidents
- Trucking Accidents
- Product Defects
- Wrongful Death Claim
- Motor Vehicle Accidents
- Pedestrian / Bicycle Accidents
- Railroad / FELA Injuries
- Construction Site Accidents
- Catastrophic Injuries
Contact us today to learn how our Denver premises liability lawyer can help! Call us or complete an online case evaluation form.