Representing Injured Clients throughout Colorado and Beyond
When you enter someone else’s property, may it be a personal or commercial one, you have a reasonable expectation of not getting injured. Property owners have a duty of care with respect to all persons who might visit their premises.
If you or a loved one has been injured as a result of an unsafe condition on another person’s property, it is important that you seek the legal services of our Denver personal injury lawyers at Dan Caplis Law. Dan Caplis has 34 years of experience representing clients in all types of premises liability claims.
We know that these claims can be difficult and complex, but our Denver premises liability attorneys are well-versed in crafting a compelling argument to validate your claim. We also have a proven track record of recovering the maximum compensation for our past injured clients. Let us do the same for you.
Contact us by calling (303) 770-5551 or emailing our Denver premises liability attorney. Schedule your FREE consultation today.
What Are the Most Common Types of Premises Liability Cases in CO?
There are many types of premises liability cases, which vary depending on what has caused the injury. In most cases, liability rests on the owner of the property. However, in commercial properties where other employees or persons of authority also have due diligence in the upkeep of the premises, liability can be shared.
The most common premises liability cases include:
- Slip and fall cases
- Snow and ice accidents
- Poor maintenance of the premises
- Defective conditions on the premises
- Negligent security
- Swimming pool accidents
- Elevator and escalator accidents
- Amusement park accidents
- Uneven pavement accidents
- Child injuries
- Electric shock accidents
Government entities that are responsible for the care and maintenance of public spaces such as playgrounds and parks may also be held accountable if an injury has occurred.
Premises Liability vs. Personal Liability
Premises liability claims focus on the conditions of someone’s property and whether or not those conditions are deemed to be unsafe whereas personal liability focuses on whether the person themselves performed actions deemed to be unsafe. In either case, you may deserve compensation if another person was careless.
How To Prove a Premises Liability Claim
While premises liability cases are not as noticeable as automobile accidents, they can still cause severe, life-changing injuries. Some cases may even result in wrongful deaths. A property owner can be held liable for your injuries if he or she failed to maintain a safe environment or warn of a dangerous condition that existed on the property.
There are many factors of proving liability but generally, the injured party will have to prove:
- That the person whose actions led to the injury (the defendant) owned, leased or occupied the property
- That the defendant was negligent in their use or treatment of the property
- That this negligent behavior was a substantial factor in causing the injuries sustained
Premises Liability Laws in Denver, Colorado
Under the Colorado Premises Liability Act, a landowner has a duty of care to take all reasonable precautions to ensure that visitors to their property are protected. If the landowner breaches their duty of care and a person is injured while visiting their property, the landowner may be liable for the visitor’s injuries.
Several elements must be proven to succeed in a premises liability claim including:
- The landowner either knew or should have known that their property was not safe.
- The landowner failed to correct the unsafe condition.
- The landowner’s failure to correct the unsafe condition caused an injury to a visitor.
- The visitor’s injury caused damages.
- The visitor had a right to be on the landowner’s property when the accident happened.
Visitors to a landowner’s property can be classified into three types: trespassers, licensees, and invitees.
A trespasser does not have a legal right to be on the landowner’s property. The only duty a property owner owes to a trespasser is to not intentionally cause them harm.
Licensees visit the landowner’s property for their benefit. A property owner must take reasonable action to prevent a licensee’s injury from a known dangerous condition.
Invitees are visitors who come onto the landowner’s property primarily for the benefit of the property owner. This usually occurs in commercial property settings. A property owner has a duty to remedy any hazardous conditions that could cause harm to an invitee.
Attractive Nuisance Claims
In Colorado, property owners may be liable for injuries to children when something on their property entices a child to come into the area and then causes harm to that child. Examples of attractive nuisances could be outdoor playground equipment such as a trampoline, or a swimming pool that is not surrounded by a locked fence.
There are five elements in an attractive nuisance cause of action. All five of these elements must be met for the property owner to be liable:
- The property owner knew or should have known that children may trespass on their property.
- A condition exists on the landowner’s property that could cause serious injury or death to a child.
- The expense of remedying the dangerous condition is small compared to the risk to a child.
- The property owner fails to take steps to remedy the potential danger caused by the condition of their property.
- The children at risk are too young to understand the dangerous conditions on the property.
All premises liability claims require that the landowner knew or should have known of the condition that causes injury to a visitor. However, there are exceptions for some governmental entities such as schools, police stations, and public recreational properties.
There are strict statutes of limitation for premises liability claims. Some, such as those against a government entity, are shorter than others. If you have been injured on another person’s property due to an unsafe condition, you should immediately contact an experienced Denver premises liability attorney to discuss your rights.
What Compensation Can Be Recovered for Premises Liability Injuries?
A premises liability victim may be able to recover three types of compensation: economic, non-economic, and possibly punitive damages.
Economic damages are those that can be easily calculated and quantified by monetary compensation. They include:
- Medical bills
- Loss of income
- Property damages
Non-economic damages are those that can not be easily quantified and include:
- Pain and suffering
- Physical disfigurement or impairment
- Loss of enjoyment of life
- Loss of consortium
- Emotional trauma
Punitive damages are rarely awarded. They are reserved for egregious conduct and are intended to punish the defendant and to deter such conduct in the future.
How Our Denver Premises Liability Attorneys Can Help You
Dan Caplis Law has decades of experience handling premises liability cases. We know that talk is cheap but results are real and our results speak for themselves. We have achieved record-setting results for our clients.
We are a law firm you can be proud of. We are widely known and respected throughout Colorado because we are a world-class personal injury law firm. We share our clients’ high values and win big for them.
If you have been injured on another person’s property, we want to help. Contact us today to schedule your free consultation. We will evaluate your case, answer your questions, and help you determine your next best steps.
Contact us online or call (303) 770-5551 for a free initial consultation with Dan Caplis Law regarding your Colorado premises liability case.