Probably you’ve been injured while on someone’s premises such as home, land, place of business, property or even a store in Colorado. What should you do? Who should be held responsible for your injuries? Consider getting in touch with an experienced Grand Junction premises liability lawyer who can help you understand your legal options.
Simply put, premises liability means that the property owner is responsible or liable for injuries that you may have sustained while in their land, building, or premises. Some of the common premises liability claims include slip and fall accidents, swimming pool accidents, negligent snow or ice removal, improper building maintenance, and negligent security.
If the premises or property owner was aware that an unstable or unsafe condition existed and didn’t take an appropriate action to warn other people of the situation and remedy it, he or she might be held responsible in case of an accident. Some of these unsafe conditions include poorly maintained elevators, stairways and escalators. Hazardous conditions on your property’s floors caused by oil, water, extension cords, and unsecured carpets are some of the elements that may be used to prove negligence.
Additionally, unsafe conditions may also include an unsecured swimming pool that is not surrounded by a fence or one that is supervised by an untrained guard. Apartment buildings or hotels with no locking entryways or lacking certified security guards to protect guests or ensure the safety of residents may also be deemed unsafe. Remember, the process of proving negligence requires you to show that the property owner owed you a duty of care.
To successfully determine whether or not the property owner owed you a duty of care, it’s essential to analyze the plaintiff status. According to the Colorado Revised Statutes § 13-21-115, the three plaintiff status include:
- Invitee: If you were invited into the premises for the benefit of the property owner, then, he or she owes you a duty of care.
- Licensee: This is an individual invited to enter or stay on the premises as a guest or any other purpose other than business or commercial reasons.
- Trespasser: This is a person who accesses another person’s property without express or implied invitation.
According to the Colorado premises liability laws, property owners owe a duty of care to both invitees and licensees and can be held liable for the damages resulting from an accident that happens in the property. However, they may not be held responsible in case a trespasser suffers injuries while in the property.
Here is a summary of the things you must prove.
- There was an unsafe condition within the premises that pose a significant risk of harm.
- The individual in possession of the property knew or should have been aware that the condition existed and posed a significant risk of harm.
- The property owner was negligent because they created or failed to warn others about the condition and failed to fix it.
- Lastly, you must prove that you sustained injuries as a result of that specific condition.
Often, premises liability claims are complicated. The property owner and insurance service providers will try as much as they can to avoid liability. So, it is recommended to work with a reputable attorney to ensure you get compensated fully.