Property and business owners and managers have a duty to keep their respective properties safe, including a duty to inspect the property and fix anything that may pose a danger. The extent of that duty is dependent on different factors, like what type of visitor the injured party was. Homeowners' duties are slightly different from other property owners' or business owners' duties.
What matters in the end is this: if you have been injured and it was due to a property or business owner's breach of their duty, you may be able to file a personal injury claim against them and/or their insurance company. At McGraw Legal Group P.C., our personal injury attorney in Colorado will provide the advocacy and representation necessary to obtain the compensation you deserve. Contact us at (303) 999-2378 to schedule a Free Consultation.
Types of Premises Liability Claims in Colorado
There are a wide variety of ways for property hazards to cause an injury. Some of the most common include:
- Slip and fall accidents
- Falling objects, like at construction sites
- Hazardous or toxic chemical exposure
- Defective stairs or railings
- Poorly maintained balconies or decks
- Poorly guarded or maintained swimming pools
- Pool accidents or drowning
- Escalator or elevator accidents
- Inadequate or negligent security
- Dog bites
- Snow and ice accidents
- Inadequate security
- Inadequate maintenance of premises
- Other defective conditions on premises
When the injuries sustained in these accidents prove to be fatal, it can lead to a wrongful death claim.
Personal Injuries and Premise Liability in Colorado
Premises liability claims are often founded on the negligence of a property owner or entity. Negligence is the failure of that property owner to provide a certain level of care that is reasonably expected or required of them by law. When a person is injured because of that negligence, the injured party can claim or sue for personal injuries.
Common personal injuries in premise liability cases include but are not limited to:
- Broken bones
- Electric shocks
- Burns
- Bruising, contusions, internal bleeding
- Spinal cord injuries
- Neck injuries
- Head injuries
- Paralysis
- Scarring and disfigurement
- Death
You may also suffer pain and suffering and emotional distress caused by the accident and/or any of the above injuries.
Who Can Be Held Accountable in a Premises Liability Claim?
Premise liability claims are brought against the owner or occupier of a piece of property. As such, people or entities most likely to be held accountable are:
- Property owners
- Property management
- Business owners
- Renters or other occupiers
Keep in mind that your personal injury or wrongful death claim will be filed against the insurance policy that covers the property. In some cases, you may also file a claim against the individual property owner or occupier.
Defenses Property Owners Use in Colorado Personal Injury Calims
Property owners and/or their insurance company or the insurance adjuster will try to defend themselves. Three main doctrines are often employed by insurance companies as defenses: assumption of risk, comparative negligence, and contributory negligence.
Assumption of Risk
The assumption of risk doctrine suggests that you as the victim/plaintiff voluntarily assumed a risk of harm that may have arisen from the negligent or reckless conduct of the defendant, and as such, you cannot recover for the harm. Under this theory, you enter into a risky situation knowingly and therefore cannot claim damages when/if an injury occurs. The defendant must show that you knew or were aware of the danger or risk but undertook it anyway.
Comparative Negligence
Comparative negligence is a partial legal defense in the sense that the plaintiff can recover if the defendant is negligent, but the plaintiff's recovery will be reduced according to his or her own negligence contributing to the injury. Comparative negligence is a doctrine that most U.S. states follow. Colorado is a modified comparative negligence state, using the 50 percent bar rule, which means the plaintiff cannot recover damages if they are found to be 50 percent or more at fault. The Defendant (premises owner) must be found more than 50% responsible for injuries and damages suffered by the victim for the victim to recover compensation.
Why Hire a Premises Liability Lawyer in Colorado
Premises liability cases can be complex. You need a premises liability and personal injury lawyer not only for the latter reason but for these reasons as well:
- You will get the legal representation you need and avoid delays and pitfalls because of it.
- You will level the playing field between you and the property owner, who sometimes can have resources that severely outweigh your capabilities.
- An experienced personal injury lawyer will account for all potentially recoverable damages so that you get the compensation you deserve.
- If a fair and just settlement is not negotiated, you can rest assured that you will be well-represented if the case goes to trial.
Contact a Premises Liability Lawyer in Colorado Today
Do not suffer in silence. Our personal injury lawyer at McGraw Legal Group will be your voice during this difficult time. We know the law and have the resources to investigate your case. Contact us today at (303) 999-2378 or fill out our online form to schedule your Free Consultation.