Colorado Premises Liability Lawyers
Serving Denver, Aurora, Pueblo & Colorado Springs for Over 40 Years
A premises liability accident covers any accident that occurs due to negligence on another person’s property. Businesses, 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, you have a right to file a claim against the negligent party responsible for your injuries. However, winning your case depends largely on proving negligence and establishing liability. This means proving that the property owner owed you a duty of care and failed in that duty. Retaining the services of an experienced Colorado premises liability lawyer is critical during this process.
Why Hire an Attorney?
Premises liability lawsuits can be complex and often require intense investigation. Hiring an attorney with extensive knowledge of Colorado’s premises liability laws is key to collecting the compensation you need after an accident. During the investigation, your attorney will need to establish that the property owner had a duty of care to you, that the property owner failed in this duty of care and that you sustained injuries because of this breach of duty. Premises liability cases can be some of the most complex of all personal injury cases. It’s important to have an experienced premises liability lawyer on your side from the very start.
Why Choose McDivitt Law Firm for your Premise Liability Case?
At McDivitt Law Firm, our Colorado premises liability lawyers know that winning a premises liability case starts with a thorough and complete investigation of the accident and the property. We know that the evidence needed to build your case and win often depends on your classification - and we work tirelessly to establish that a strict duty of care was owed to you.
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
There are numerous types of premises liability accidents, however, some of the most common include:
- 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 after a slip and fall accident.
- Drowning in pool - 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.
- Dog bites - According to the CDC, 4.5 million dog bites occur in the United States each year. Pet owners are responsible for their pets and the injuries they sustain. The Colorado dog bite statute imposes strict liability on all pet owners.
- 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 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 the property and keep it free from hazards. Fixing broken gates, installing properly working locks, and repairing known hazards will ensure the safety of their tenants. Landlords and property owners who knew of hazards but who failed to fix those hazards in a timely manner can be held responsible.
Premises Liability Frequently Asked Questions
- How can I file a premises liability lawsuit against a business? To file a premises liability 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 premises liability lawyer can help you determine if you have a case.
- Can a college be held liable for an attack that happens on campus? 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.
- Can I sue my neighbor if I was injured on her property? 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 premises liability attorney can review your accident and help determine if you have a case.
- How long do I have to bring a premises liability lawsuit? 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.
- What damages am I entitled to recover in a premises liability case? In a premises liability case, injured accident victims are able to recover damages for past and future medical expenses, long-term care, past and future loss of wages, pain and suffering, and emotional distress. In some cases, plaintiffs may be able to collect punitive damages.
Results and Case Studies
For over 40 years, the McDivitt Law Firm has helped injured accident victims throughout the state of Colorado obtain millions of dollars after a catastrophic premises liability accident. We believe in holding negligent landlords, property owners, homeowners, and businesses responsible for their actions. From the moment you call us, we begin investigating your accident and building your case. We work quickly and efficiently, so you can focus on your recovery. Check out what our past clients had to say about working with McDivitt Law Firm.
We’re There When You Need Us
Premises liability accidents can be very complex and difficult to navigate. Establishing negligence is key to obtaining the compensation you deserve and that starts with hiring an experienced Colorado premises liability lawyer immediately. Contact the McDivitt Law Firm premises liability attorneys in Denver, Aurora, Colorado Springs, Northern 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.
From the McDivitt Law Firm Blog
Browse the latest news & articles from the McDivitt Legal Team
New Colorado Insurance Law that Improves Your Coverage|
McDivitt Law Firm attorneys work hard each day to represent the best interests of our clients and fight against injustice of any kind. Recently, one of our atto…Read More
Safety Tips to Avoid Truck Accidents|
Big rigs help to keep our state’s economy strong. The Colorado Motor Vehicle Association reports 33% of Colorado’s federal and state roadway taxes are paid by t…Read More
Do You Have a Workers’ Comp or Personal Injury Case?|
You are injured on the job and are unable to work. While struggling to take care of your medical needs you’re probably also trying to figure how to financially…Read More