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Understanding Premises Liability in Colorado: Holding Property Owners Accountable
First things first: What, exactly, is premises liability?
Premises liability in Denver refers to a legal responsibility property owners owe to individuals who may come across their premises. It’s a property owner’s duty to make sure their property is safe if people will have access to it. For example, think about a parking lot. If it’s cracked because the property owner hasn’t done maintenance recently, someone could trip and fall when walking across the lot.
If someone gets injured because of a hazardous condition on someone else’s property, they may be able to pursue compensation.
Types of Premises Liability Cases
There are many types of premises liability cases in Colorado. Some common examples include:
- Slip and fall accidents
- Inadequate security (and resultant assault or robbery)
- Dog bites
- Negligent maintenance (as in our parking lot example)
- Accidents in retail stores or private residences
Premises liability can be tricky to identify and litigate because many property owners will be adamant that they had nothing to do with a victim’s injury – or try to pin the blame on the victim’s carelessness, lack of awareness, or incompetence.
That’s victim blaming, and that’s not okay! But determining who is at fault and what you can hold property owners accountable to can be difficult. Luckily, that’s where we can help.
Relevant Colorado Premises Liability Laws
Colorado’s premises liability regulations mainly fall under one law: the Colorado premises liability statute – CO Code § 13-21-115 (2021).
In that code, the law lays out the various legal statuses of each pertinent person in a premises liability case. To mount a strong case, you must identify whether the plaintiff and defendant fall into these clear categories.
Legal Statuses for the Plaintiff in Colorado Premises Liability Actions
To file a premises liability action, you need to show that you (or your loved one) as the victim were a trespasser, licensee, or invitee concerning the involved property.
The amount you can pursue in damages will depend on this legal status. For example:
- If you’re deemed a trespasser, you may only be able to claim damages deliberately caused by the property owner.
- If you’re a licensee, you can recover compensation for damages caused by the property owner’s failure to exercise reasonable care OR unreasonable failure to warn of exceptional dangers the owner did not personally cause.
- If you’re an invitee, you can recover for damages caused by the landowner’s lack of reasonable care or protection against dangers they knew about – OR should have known about.
If you go to court, the judge will determine this formally, but you should already have a good idea if you’re filing an action.
Determining the Identify of the Defendant in a Colorado Premises Liability Case
You also need to identify who the relevant landowner or property owner is. This is the person you may be able to sue.
Under CO Code § 13-21-115 (2021), the landowner or property owner could be:
- The person in possession of the property or their authorized agent
- The person legally responsible for the property or activities on the property
- Property managers
- Vendors
- Tenants
- Contractors
- Event planners or organizers
If your case goes to trial, a judge will consider all the compiled evidence to determine which property owner or agent is responsible for damages.
Call (303) 465-8733 to speak with an experienced lawyer about your case.
Landmark Verdicts & Settlements
A Practical Guide to Premises Liability Actions
When someone gets injured on someone else’s property, they may have grounds for a premises liability action or personal injury case.
Here, we’ll discuss the essential elements of these actions and the steps to expect when pursuing compensation:
The Elements of a Valid Premises Liability Claim
For your claim to be lawful and robust, you’ll need to establish certain elements of your case. These elements include:
- A duty of care.
- A breach of that duty.
- Causation.
- Damages.
What Types of Damages Are Available in a Premises Liability Action?
Here’s a quick look at the damages you may be able to pursue:
Examples include:
Medical expenses
Rehabilitation costs
Lost wages
Property damage
Examples include:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Examples include:
Intentional acts of harm
Reckless conduct
Malicious intent
How a Colorado Premises Liability Lawyer Can Help You
If you’ve just sustained an injury, you don’t have time to do extensive homework about Colorado law. You also don’t have the bandwidth to argue with your insurer (or third-party insurers) who don’t have your best interests in mind.
“You’re dealing with an insurance company or car insurance company, that their whole their whole existence is to, you know, have presented to them and claims not paid out. It’s an uphill battle facing a huge company that is going to try to undervalue that person’s claim from the beginning.” – JASON JORDAN
Here’s what you can do after an incident in Denver, and what your lawyer will be able to tackle on your behalf:
What You Can Do After a Premises Liability Incident
Seek medical attention. Even if you feel fine, a minor slip and fall can result in a concussion and insidious internal injuries. Your doctor’s report will also be important later in your case.
Document what happened. Whip out your phone and take a few pictures of the area, if you’re not too badly hurt. If you’re acting after the fact, write down everything you remember (or take a voice memo).
Preserve all relevant evidence. Don’t wash or toss your clothing – keep them in case they’re needed later on.
Contact a good lawyer. Your key to relaxing after your accident is retaining the services of an experienced Colorado personal injury attorney. Call (303) 465-8733 to call Jordan Law, and we’ll set up your free consultation at your earliest convenience.
What Premises Liability Lawyers Do for You
Your Denver property liability attorney can help you:
- Evaluate your case.
- Navigate the complex legal process before you.
- Investigate your accident.
- Establish liability.
- Negotiate with other involved parties.
- Litigate your case, if necessary.
- Work toward maximum compensation.
- Ultimately, gain the peace of mind you deserve!
Call (303) 465-8733 today, and the Jordan Law Firm will be pleased to take your case off your shoulders.
Frequently Asked Premises Liability Questions
What is the Statute of Limitations for Filing a Premises Liability Claim in Colorado?
The statute of limitations for filing a claim is, generally, two years from the date of the incident.
There might be some situations where you get a little more or less time. (Your attorney will be able to help you figure out if you do.)
However, you should act under the assumption that you have very little time. Partially because it’s true: Your case could take months to unfold.
Can I Sue a Government Entity for Premises Liability in Colorado?
If necessary, yes — you can sue a government entity for premises liability in Colorado.
Doing so may be slightly tricker (or far tricker) than suing someone else, though. There may be specific limitations, strategies, and procedures you need to follow when filing a claim against the government.
When talking to your Denver property liability attorney during your free consultation, ask about your prospective lawyer’s experience with this type of case. You’ll want to be sure that your future attorney is up to the task!
How Can I Strengthen My Premises Liability Claim in Colorado?
Strengthening your claim is simple: Act fast, document everything, and retain a great lawyer.
Then, we’ll take care of the rest. Strengthening your claim will involve deep knowledge of Colorado law, deft handling of negotiations with insurance companies, and a readiness to do whatever it takes for you to win fair compensation.
That’s what Jordan Law brings to the table. But (good news!) your strategic task list is very short: Call us today and set up your free consultation.
How Do I Choose the Right Premises Liability Lawyer Near Me?
Choosing the right premises liability injury attorney in Colorado comes down to three things: Communication, relevant experience, and resources.
You’ll want to see that your attorney has specific experience handling Colorado premises liability cases (successfully) – including cases big and small, ones that settled and ones that went to trial, and ones that look exactly like your case.
You’ll want to know that your prospective attorney has the resources necessary to call in experts and dedicate time to your case.
And you’ll want to know that your communication styles line up. The best way to learn all this is to sit down with your prospective Denver premises liability lawyer before hiring them.
Call (303) 465-8733 today to set up your premises liability attorney consultation. Our team is ready to help you as you work toward fair compensation.
Why Hire Jordan Law?
We focus on our clients
At our firm, clients come first. We care about the individuals we represent and work hard so victims and their families can obtain the justice they deserve. Our team believes there is a direct correlation between our passion for what we do and our continued success in fighting for the rights of the injured. Our track record affirms this. We have proven our ability to win.
We take the time necessary
As our client, you can always rely on us to be available for your questions and concerns. We work very hard to give each case the nuanced advocacy required. Rather than overloading our attorneys with cases, we are selective so that we can be sure to give each case we accept the full attention it needs. Our firm is available to clients 24/7 throughout the duration of their case.
We are respected in our field
Our lead attorney is a member of the prestigious, invitation-only Million Dollar Advocates Forum® and has been named among The National Trial Lawyers: Top 40 Under 40. Our reputation in the profession only affirms what our clients already know: When it comes to fighting for the injured, Jordan Law is a team on which you can count.
What Our Clients Are Saying
Premises Liability
After extensively searching for an attorney to take my case, and having no success, I was referred to Jordan Law. He was quick to respond and follow up with me. I was struggling to keep it together throughout this difficult experience, but the confidence and trust they built with me gave me to motivation to keep persevering