Premises Liability Lawyers in Denver
Premises liability is the concept that a property owner is legally responsible for injuries suffered on their property due to unsafe conditions.
If you have suffered an injury while on someone else’s property, then you may have grounds to take legal action against the responsible party. Our Denver premises liability attorneys will begin investigating your claim immediately to secure all forms of proof in order to establish that the property owner failed to maintain “reasonable care” over their property, and that as a result of this negligence, you suffered serious damages.
Do not wait. Please be aware of the importance of obtaining a qualified attorney immediately after suffering your injury. The longer you wait, the harder it becomes to prove your claim.
Whether you have suffered your injury on another individual’s property, at a place of business, or in a public area, you do not have to deal with your situation alone. The trustworthy and dependable attorneys of The Bourassa Law Group are ready to speak with you today. Contact us at (303) 331-6186 for a FREE, no-obligation consultation.
Your Premises Liability Rights
As per the Colorado Premises Liability statute (C.R.S. §13-21-115), property owners are liable for injuries sustained by certain parties if they failed to maintain their property or did not provide adequate warning to visitors of any potential dangers.
Landowners may be held liable for their “unreasonable failure” to remove any hazardous items on their property or warn individuals of it. Instances of premises liability claims can include:
- Slip and fall cases
- Injury caused by dangerous property conditions
- Dog bites
- Inadequate maintenance of the property
- Toxic fuels and chemicals
- Swimming pool accidents
- Construction site accidents
- Lack of adequate building security
Under the Colorado premises liability law, you may be able to sue the property owner, who is defined as:
- An authorized agent or a person in possession of real property.
- A person legally responsible for the condition of the real property.
- A person legally responsible for the activities happening on the property.
A landowner may include:
- Property owners
- Property managers
- Event organizers
To learn more about your rights and how to file a premises liability claim against those who have done you wrong, contact the experienced Denver personal injury attorneys of The Bourassa Law Group at (303) 331-6186. We are ready to hear your story and fight for your rights.
The Different Types of Visitors Under Premises Liability
There can be a number of reasons why an individual is on someone’s property and the Colorado Premises Liability Statue separates these individuals into different categories. The landowner is responsible for maintaining ‘reasonable care’ depending on the nature of entry.
Whether or not an individual has a legitimate and lawful reason for being on the property can affect the type of compensation they are able to recover.
The types of visitors in premises liability cases fall into three categories:
- Invitees: An invitee is a “person who enters or remains on the land of another to transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner’s express or implied representation that the public is requested, expected, or intended to enter or remain.” Invitees can only recover damages caused by the landowner’s failure to provide reasonable care against dangers they should have known about.
- Licensees: A licensee is “a person who enters or remains on the land of another for the licensee’s own convenience or to advance his own interests, pursuant to the landowner’s permission or consent. ‘Licensee’ includes social guests.” May only recover damages caused by the owner’s failure to use reasonable care regarding dangers on their property or failing to warn of those dangers.
- Trespassers: Individuals that “enter or remain on the land of another without the landowner’s consent” are trespassers. In certain instances, the trespasser may have been given permission once but remained on the property for longer than allowed. Trespassers can only secure compensation for damages that were purposely caused by the property owner.
A judge will ultimately determine your legal status and define what type of visitor you are. Several factors may be considered when identifying your status include:
- The circumstances of your specific case.
- The manner in which you were using the property.
- The plausibility of the accident.
- The effort made by the property owner to warn others of the dangers.
The Colorado premises liability attorneys at The Bourassa Law Group are committed to delivering justice for those who have been injured by the negligence of another party. When you choose our attorneys, you are choosing experience, dependability, trustworthiness and personalized care.
Contact us today at (303) 331-6186 to learn more about how we can help you.
Types of Injuries Covered by Premises Liability Claim
Property liability claims can take the shape of many different types of personal injuries. Some of the most common premises liability accidents include:
- Slip-and-fall accidents caused by debris on the floor or slippery surfaces.
- Dog bites.
- Lack of or poor security that can result in an increased risk of suffering assault or other injuries.
- Swimming pool accidents which can include broken glass injuries, lifeguard negligence, or accidental drowning.
- Elevator and escalator accidents caused by faulty side rails or panels.
- Fall-related accidents.
- Fair and amusement park ride accidents caused by malfunctioning equipment or negligent operators.
- Fire-related accidents caused by any number of reasons.
- Construction site accidents caused by failing to block off construction zones to common citizens.
- Commercial parking lot accidents.
Depending on the type of accident suffered, victims of a premises liability injury can sustain life-changing injuries including but not limited to:
- Torn ligaments
- Muscle strain
- Broken bones
- Back, neck, and head injuries
- Traumatic brain injuries
- Serious wounds and lacerations
- Loss of limb
- Spinal cord injuries
- Smoke inhalation
Whether you suffered a premises liability injury on a commercial or residential property, the dedicated team of The Bourassa Law Group will help you every step of the way to secure full compensation for your pain and suffering.
Call (303) 331-6186 right now to see if you are eligible for considerable compensation through a premises liability claim.
Elements of Defense Against Premises Liability
Sometimes accidents are foreseeable and yet landowners still fail to protect individuals from harm. Other times, landowners may not be aware of the dangers and fail to meet ‘reasonable care’ unintentionally.
Some defendants, their insurance company, and their lawyer may argue against your case by claiming the following:
- Victim Had Reasonable Notice: The defendant may claim that the plaintiff had reasonable notice of the danger and could have thus avoided injury by not making contact with the obstruction.
- Victim Was Aware of Obvious Danger: Defense could be made that the hazardous physical conditions were of obvious nature and there was no reason to tell the victim as it should have been easily recognized.
- Victim Accepted the Risk: Defendant may claim that the plaintiff knew of the danger and purposely sought injury in hopes of gaining some sort of compensation.
Each state has its own laws regarding the circumstances that define a premises liability case. Point of entry, availability of alternate paths, and the type and severity of the injury can all play a role in whether or not the defendant’s negligence played a role in your injury.
Colorado premises liability attorneys you can depend on.
Establishing negligence is the key to a successful premises liability claim. Our attorneys are knowledgeable on a wide variety of premises liability scenarios and have experience in delivering successful litigation in these instances. We will secure evidence as well as work with a team of accident investigators to determine the exact cause of your injury.
We also recommend that you document everything – all your interactions with medical professionals, witnesses, the insurance company, and even the defendant. Make sure to take notes immediately after the injury occurs. Seek medical attention to assess the damages and keep records of all medical documentation.
Always remember to act quickly as evidence can “disappear” and property deeds can be given from one party to another before you are able to secure the recovery you need to begin healing.
With diligent investigation and special attention to your case, our lawyers are fully committed to helping build an unbeatable premises liability claim. We will do everything in our power to help you secure compensation for but not limited to:
- Present and future medical bills
- Lost wages
- Pain and suffering
- Property damage
- Emotional trauma
Hope is just a phone call away. Contact the Denver premises liability attorneys of The Bourassa Law Group right now at (303) 331-6186 for a FREE and confidential consultation. You matter to us.
Frequently asked questions
The legal definition of a personal injury is when someone’s failure to use reasonable care in a particular situation results in another person’s physical, emotional, or psychological injury. Personal injury cases often rely on the elements of negligence to prove the responsible party’s actions were the cause of the other party’s injuries.
The length of a personal injury case depends on the type of case and various factors, such as the severity of the injury sustained and the duration of necessary treatment. A car accident case might take six months to resolve, while a wrongful death lawsuit could take two years. It all depends on the circumstances surrounding the case.
No. Whether you got hurt in a car accident or on someone else’s property, you should never speak with their liability insurance company about the claim. They try to save money whenever possible and could attempt to trick you into accepting a low settlement amount or intimidate you into dropping the case. Your Denver personal injury lawyer will handle all communication on your behalf.
It depends. A vast majority of personal injury cases settle out of court. When we file a claim with the insurance company, we’ll submit evidence that proves you deserve compensation for your injuries. Sometimes the insurer is willing to settle. Other times, they deny the claim or provide a settlement much lower than you deserve. Under those circumstances, we will file a lawsuit and take the case to court.
Mediation is a step during a lawsuit where both sides meet to try to reach an agreement. The mediator listens to the arguments on both the plaintiff’s and the defendant’s sides and attempts to resolve the issue. If they can reach an agreement, they will settle out of court, and the case will get dismissed. If they can’t resolve the matter, the case will proceed to trial.