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Your Rights for Premises Liability Injuries
Business, landlords, property managers, and homeowners must make a reasonable effort to maintain a safe environment for all guests, customers, and patrons. Failure to do so could result in serious injury and even death. If you are injured on another person’s property, or sustain injuries that you feel are a direct result of someone’s negligence, you have the right to file a claim against the negligent party
Why Hire an Attorney?
Why Choose McDivitt Law Firm for your Premises Liability Case?
Overview of Premises Liability
Under Colorado law, the duty of the property owner depends on whether you were a trespasser, a licensee, or an invitee at the time of your accident.
Trespasser– Property owners owe no duty of care to a trespasser. They simply must avoid willfully or deliberately causing injury to a trespasser. An example of a trespasser is a thief or neighbor who is uninvited onto a property.
Licensee– Licensee’s, however, may recover damages if the homeowner knew about the dangerous condition and failed to fix the problem or warn guests of the problem. This is known as an intermediate standard of care. An example of a licensee is a guest at a house party.
Invitees– Property owners owe the highest duty of care to invitees. Any patron or customer of a business is considered an invitee. Property owners must remediate all known hazards and take steps to prevent hazards as well.
Types of Premises Liability Cases
Slip and fall accident – According to the NFSI, more than one million people visit emergency rooms every year seeking treatment after a slip and fall accident. Slip and fall accidents can be particularly devastating for the elderly, who are more likely to suffer a fatality or serious injury.
Drownings in pools – Homeowners with a pool need to take steps to ensure the safety of children on their property. Installing a locking fence and gate around the pool is one way to reduce risk.
Inadequate security – Businesses have a responsibility to protect their guests from criminal assault and harm. Failing to install adequate lighting, security cameras, guards, or fences on the property can have dire consequences and property owners are responsible for the injuries their guests suffer as a result.
Restaurant liability – Restaurants owe their guests the highest duty of care. They can be held responsible for failing to consider food allergies, negligent security, dram shop violations, and other dangerous property conditions.
Amusement park accidents – Amusement parks have a high duty of care to their guests and must ensure the safety of all their rides, as well as proper maintenance of the grounds and park area.
Daycare injuries – When a daycare is negligent, serious accidents can occur to those children and infants. Failure to identify a choking hazard and inadequate supervision are two of the most common ways children can be injured at daycare.
Inadequate maintenance – Businesses that fail to maintain their property can be held liable for accidents and injuries that occur. From overgrown shrubbery to broken handrails, property owners and landlords that cut corners jeopardize everyone’s safety.
Hotel injury claims – Hotels can be held liable when guests suffer an injury on their property. Broken furniture, wet slippery surfaces, hazardous pool conditions, food poisoning, and bed bugs are all examples of negligence on hotel property.
Nightclub accidents – Like other property owners, nightclub owners have a responsibility to keep a safe environment for their guests. Employing bouncers to eliminate rowdy and aggressive patrons is one way that night clubs can keep their guests safe. Nightclub owners are also responsible for providing adequate security and not serving alcohol to visibly intoxicated guests.
Apartment complex accidents – Landlords have a duty to maintain their property and keep it free from hazards. Fixing broken gates, installing working locks, and repairing known hazards are vital to ensure the safety of their tenants. Landlords and property owners who know of hazards but who fail to fix them in a timely manner can be held responsible.
Premises Liability Frequently Asked Questions
To file a personal injury lawsuit, you must prove that the business or entity knew or reasonably should have known of the hazard that resulted in your injury. They must have known and failed to take reasonable action to reduce the risk to their customers. An experienced personal injury lawyer can help you determine if you have a case.
There are situations when a college, school, or university could be held liable for an assault or an attack on campus. Failure to provide adequate lighting on campus, failure to trim overgrown shrubs, and failure to provide adequate security can increase assaults and other criminal activity, leading to serious injuries to students.
If you were invited onto your neighbor’s property as a guest, and you sustained an injury while on their property, then you may be able to file a lawsuit to recover damages. Homeowners must tell their guests about any dangerous conditions that currently exist; however, simply being injured on their property is not enough to establish negligence. A personal injury attorney experienced with premises liability cases can review your accident and help determine if you have a case.
In the state of Colorado, injured accident victims have two years from the date of the accident to file a claim against the negligent party. If you miss this deadline, you may be unable to collect the money you need to recover.
Results and Case Studies
We’re There When You Need Us
Personal injury cases can be complex and difficult to navigate. Establishing negligence is key to obtaining the compensation you deserve and that starts with hiring an experienced Colorado personal injury lawyer immediately. Contact the McDivitt Law Firm attorneys in Denver, Colorado Springs, or Pueblo as early in the process as possible. We offer a free consultation and review of your case, so we can discuss all of your legal options.