Colorado Premises Liability Cases
When accidents and injuries happen on others’ properties, there may be various options for recovery, depending on the details of the accident. These types of claims are generally referred to as “premises liability claims,” and Colorado’s Premises Liability Act sets the standards for how and when an injured victim can recover damages.
When an injured person is ready to move forward and recover from the harm caused by an accident on the property of another, retaining a lawyer who is familiar with Colorado premises liability laws – and how to protect injured rights under them – will be the key to achieving favorable outcomes.
At Dormer Harpring, our attorneys know Colorado premises liability laws inside and out, and we are dedicated to supporting injured people with compassion and creativity in the recovery process. You can count on us to provide you with effective representation as we work to bring your case to a favorable resolution.
Premises Liability Cases in Colorado: The Critical Elements
Every premises liability case is unique. In general, however, the following tend to be some of the most important factors for premises liability cases in Colorado:
- Who the plaintiff is – Was the injured party someone who was invited to the property, there for the financial benefit of the owner, or someone who had a right to be at the property? Or was the injured person trespassing when the accident happened? Invited guests (e.g., invitees and licensees) may be eligible for compensation after a premises liability accident, and it’s easier if the guest is on the property for a business purpose. In contrast, trespassers have a more difficult time recovering damages under Colorado premises liability law.
- The responsible party’s specific duty of care on the property – The duty of care refers to the building owner’s (or manager’s) legal responsibility towards the property and the people on it. It typically includes a duty to maintain safe premises and/or warn people of possible hazards on the property. But the situation can be tricky, for example, when the property is owned by one company, used by a commercial tenant, and maintained by a third landscaping contractor. Regardless of a party’s responsibility on the property, its duty is always the highest for someone on the property for the responsible party’s financial benefit, second highest for someone there as a social guest, and lowest for a trespasser.
- Whether the responsible party was aware of the risk, hazard, or danger – If the responsible party was aware of the danger and did nothing to address it or warn people about it, that party can be responsible for compensating injured people. If the responsible party was not aware of the hazard or risk, (s)he can still be liable to certain types of visitors if (s)he should have known about the danger (because a reasonable person in the same (or a similar) situation would have been aware of it).
- The nature of the negligence – Even if the responsible party knew or should have known about a dangerous condition, an injured person still needs to prove that the responsible party could and should have done something to prevent the injury. A landowner who works hard to shovel and salt is usually treated differently than a landowner who does nothing to protect against slip-and-fall accidents.
- The actions the victim took to avoid the accident – In premises liability cases in Colorado, the law unfortunately allows a landowner to attempt to blame the victim for an accident (this is the defense of “comparative negligence”). With this in mind, it is important for anyone on the land of another to take care for his or her own safety.
Keep in mind that many other factors may also be important to determining recovery options for – and the value of – premises liability cases in Colorado. To get answers unique to your situation, contact Dormer Harpring.
Contact the Denver Personal Injury Lawyers at Dormer Harpring
After an accident on someone else’s property, you can rely on the Denver personal injury lawyers at Dormer Harpring for unique representation as you get onto the path to recovery.
Call us at (303) 747-4404 or email us via the contact form on this page to learn more about our services and how we can help you.
Our commitment to representing people from all walks of life means that we never charge for a consultation and that our legal fees are “contingent,” meaning they’re based only on the amount we recover.
From offices based in Denver, our attorneys provide exceptional representation to people throughout Denver County, Adams County, Boulder County, Arapahoe County, Jefferson County, and the state of Colorado.