Experienced Premises Liability & Slip-and-Fall Attorney
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 and slip-and-fall cases over the past 30 years. Contact me for a free consultation at (303) 454-8000 or toll-free at (800) ROSEN-911.
Colorado Premises Liability Facts & Resources
Premises liability is the legal liability of landowners for injuries that happen because of dangerous conditions on their property. If you’ve been injured due to the negligence of a property owner, don’t be negligent about pursuing your rights in the matter. Learn the facts, the law, and your options.
What Should I Do If I Have Been Injured 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.
What Is Premises Liability?
What Are Colorado's Laws About Premises Liability?
When Is a Premises Liability Claim Justified?
One reason people may file a premises liability lawsuit is a slip-and-fall injury caused by uneven, cracked, or elevated sidewalks; missing or loose handrails; inadequate lighting; or wet or slippery surfaces. Other reasons include swimming pool accidents, fallen trees, animal attacks, dangerous conditions at construction sites, inadequate security, and products falling from store shelves.
Under Colorado law, a premises liability claim must be brought before the statute of limitations runs out — i.e., two years from the date that the incident occurred.
Who Can Be Found Liable in a Premises Liability Lawsuit?
- Property owners or managers of hotels, motels, apartment buildings, shopping centers, sports stadiums, swimming pools, restaurants, bars, and movie theaters.
- Landlords, who are required to ensure that their properties are free of hazards that could cause injury to shoppers, tenants, and visitors to the property.
- Private homeowners, who are responsible for dangerous conditions that lead to injuries inside or outside of their residences as well as places of public gathering.
Property owners are required by law to maintain their property and protect certain visitors from injury. An owner’s failure to exercise reasonable care to rid their property of known problems or to warn visitors about potential hazards can render him liable for injuries sustained there. However, the visitor must use the property normally, and if he is injured while acting in a risky, cavalier, unanticipated, or illegal way, the property owner may be able to avoid liability.
Who Can Recover Damages for a Premises Liability Injury?
- An invitee is someone who was invited, directly or indirectly, to the property, such as customers in a store or patrons in a restaurant. An invitee can recover damages only if his injury was caused by the property owner’s failure to use reasonable care in protecting against dangers that they knew about (or should have known about).
- A licensee is someone like a houseguest who entered the property for his own benefit and to whom the property owner owes a duty of care regarding foreseeable dangers on the property. A licensee can recover damages caused by the owner’s failure to warn of dangers that the owner knew about or that were not ordinarily present on the property.
- A trespasser is someone who entered the property without the permission of the owner. He is typically entitled only to damages that were intentionally caused by the landowner.
Colorado is a modified comparative negligence state, which means that it allows individuals to recover damages in a personal injury lawsuit as long as they were not 50 percent or more at fault for their own injuries. If they are found to be 49 percent or less at fault, the damages they are eligible to recover will be reduced in proportion to that relative fault.
How Is the Value of a Premises Liability Claim Determined?
Damages awarded to an injured person filing such a lawsuit in Colorado generally include compensation for medical bills, lost wages, lost or reduced earning capacity, and pain and suffering.
Do I Need a Lawyer in Order to File a Colorado Premises Liability Claim?
Colorado Personal Injury Resources
Getting injured in a slip-and-fall accident is challenging and stressful enough. Navigating the legal process doesn’t have to be. We’re here to guide you every step of the way. Please click on the premises liability resources below to learn more, or contact us with any questions or to schedule a free consultation.