Experienced Premises Liability Lawyer
Serving Denver & the Greater Colorado Area for Three Decades
It’s the responsibility of any property owner, whether it’s a business, a residence, or public property, to keep their property safe. If you or a loved one has been injured in an accident on someone else’s property in Colorado, before you talk to anyone from the other party’s insurance company, talk to me.
I’ve handled thousands of premises liability cases over the past 30 years. Contact me for a free consultation at (303) 454-8000 or toll-free at (800) ROSEN-911, or by filling out the contact form.
Below you’ll find helpful information that all Colorado residents and property owners should be aware of.
Colorado Premises Liability Facts & Resources
Any injury suffered because of the negligence of a property owner, operator, or manager may become a premises liability claim in Colorado. Generally, in order to bring a premises liability case, the victim must show that they were legally present on the property, the owner had a duty to keep the property safe and failed, or breached, that duty, and as a result of that negligence, an injury was sustained.
What Types of Accidents Are Considered Premises Liability Cases?
Many, but not all, premises liability cases involve slip and fall or trip and fall accidents, and over 2.5 million slip and fall accidents occur in the United States each year. Generally, most of these accidents result from three basic causes:
- Physical factors such as the lack of a proper handrail on a stairway, foreign objects left on the floor, and slippery floors or loose carpeting can cause a fall. An accumulation of ice or snow on a sidewalk is one of the most common physical factors that can result in a slip and fall accident.
- Environmental factors such as visual distractions, color patterns, and geometric designs can contribute to a fall. For instance, the edges of stairs can be difficult to see unless they are painted with contrasting paint in bright colors, and can cause a person to misstep and fall.
- Personal factors such as poor vision, excessive weight, or wearing improper or damaged footwear can also cause a person to slip and fall. Personal factors may bar recovery in a premises liability case, unless negligence on the part of the property owner was also a contributing factor in the injury.
Other Premises Liability Applications of the Law
Some examples of common types of premises liability cases include slip-and-falls on wet or icy surfaces; trip-and-falls on uneven walkways, loose carpeting, and dangerous obstacles; faulty equipment; insufficient lighting; missing handrails on stairs, unsafe swimming pools and hot tubs; and improperly maintained elevators.
Some cases are not so common though. According to a report on UPI.com, Colorado Judge Michael Hegarty recently recommended that seven lawsuits of negligence and wrongful death against an Aurora movie theater be brought under a premises liability law. Those who were wounded and the family members of those who died in the mass shooting at an Aurora, Colorado, theater in 2012 filed these lawsuits. The complaints allege that the theater should have known about previous criminal activity in the area and should not have had unlocked and unmonitored exit doors and a lack of security personnel.
Who’s Responsible for Your Slip & Fall Accident?
The main issue in any slip and fall case involves the question of duty. Under Colorado law, the owner, occupant, or lessor of a premises is under a duty of care established by the injured persons status as an invitee, licensee, or trespasser.
- An invitee is someone who has been invited, directly or indirectly, to the property. Customers in a store or patrons in a restaurant are examples of invitees.
- Licensees are individuals who enter the property for their own benefit. An example of a licensee is a houseguest, to whom the property owner owes a duty of care regarding potential and foreseeable dangers on the property.
- A trespasser is someone who enters the property without the permission of the owner. The property owner owes the smallest duty of care to a trespasser who harms himself or herself while on the property.
Over the past three decades, I’ve handled hundreds of slip and fall and other premises liability cases. Those most likely to find themselves defending a premises liability lawsuit include:
- Owners/Managers. Owners and/or managers of hotels, motels, apartment buildings, shopping centers, sports stadiums, restaurants, bars, and movie theaters.
- Landlords. A landlord must ensure that his property is free of structural or other problems that may cause injury to shoppers, tenants, visitors, or anyone else who visits his property. He is also somewhat responsible for ensuring that reasonable security measures are in place on his property to protect people from injury.
- Private Home Owners. Premises liability cases can involve accidents that happen inside or outside of private residences as well as places of public gathering.
What Should I Do If I’m Injured On Someone Else’s Property?
Remember these important steps if you’re involved in a slip and fall accident, or any type of accident on someone else’s property:
- Seek medical attention. As with any relatively serious injury, you should seek medical attention immediately.
- File an accident report before leaving the premises, if possible.
- Take photos and preserve any evidence you have of the scene, if physically possible.
- Obtain contact information from any witnesses to the incident. If you can show evidence that the accident was caused by the negligence of the property owner in maintaining a reasonable level of safety on their property, you may have the elements of a premises liability case.
- Contact an experienced personal injury attorney before you talk to anyone from the other party’s insurance company.
Contact Slip & Fall Accident Lawyer Daniel R. Rosen
If you or a loved one has been injured in a slip and fall accident, or any accident due to the negligence of a property owner, the fastest way to find out if you have a case is to schedule a free consultation with me. Just fill out the form on the right, or call our Denver office at (303) 454-8000 or toll-free at (800) ROSEN-911.
At the Law Offices of Daniel R. Rosen, it’s our goal to get you through your accident or personal injury claim as quickly and smoothly as we can. I personally handle every single case that comes across my desk, and I have three decades of experience handling accident and injury cases.
I’ve settled over $100 million in accident cases for my clients. I can get you the settlement you deserve, and you don’t have to pay me until I come through for you!