Premises liability refers to an owner’s responsibility for the premises where an injury-causing accident occurs. The owner has a duty of care to the people on their premises, which means they have to keep the premises safe for everyone. If injuries occur on the premises, the owner can be held liable for those injuries if they are found to have been negligent or reckless with maintenance.

Slip and Fall Lawyer

Whether you are the owner or the injured party, you should have a premises liability attorney who can navigate a potential lawsuit for you. Most premises liability cases involve slip-and-fall incidents, but not all.
Premises liability law includes reasonable, foreseeable, known, should have known, and other terms describing the type of accidents that can occur. The Law Offices of James Colgan are experienced interpreters of premises liability and can help you build your case.

Landowner

For premises liability law in Colorado, the landowner is the person who owns the property, is responsible for the condition of the property, and is responsible for the activities taking place on the property.

If a shopkeeper rents their store and someone slips and falls, the shopkeeper is liable for any injuries or damages resulting from the slip-and-fall. If you’re attending an event, the planner could be the person responsible, depending on the type of injury.

Status of Injured Party

Under Colorado law, there are three types of parties that can be on all premises: trespassers, licensees, and invitees. In premises liability cases, the judge will determine the status of the injured party.

Trespassers are not legally entitled to be on the premises. If you have entered the premises without the owner’s consent, have overstayed your welcome, or the owner has asked you to leave and you refuse, you are trespassing.

Licensees enter the premises for their benefit. If you are a guest in someone’s home, you are a licensee. You have been invited onto the premises by the owner and are a social guest.

Invitees are people who are on the premises to conduct business. This business is usually for a mutually-beneficial transaction between the owner and the invitee.

Compensation

Trespassers are only entitled to premises liability compensation if the owner deliberately caused them injury or damage.

Licensees can recover premises liability compensation if the owner does not take reasonable measures about known dangers. For example, you have a loose hook on the wall, but you forget to tell your guest. If the hook falls and hurts your guest when your guest tries to hang their coat on it, you are liable for those injuries.

Invitees receive compensation for injuries caused by the owner’s failure to take reasonable care of the premises if the owner knew or should have known about the danger. For example, you have a leaky refrigerator in your store. However, you fail to mop up the water or put up a sign notifying customers of the danger. Therefore, you are responsible for any slip and fall injuries.

If you believe you have a case for premises liability, contact our slip and fall lawyers at the Law Offices of James Colgan. We can help you build your lawsuit, so you get the best possible settlement.

Frequently Asked Questions

What does a premises liability attorney do?

A premises liability attorney specializes in legal cases where an injury occurred on someone's property due to the owner's negligence or failure to maintain safe conditions. These lawyers handle claims involving various incidents, such as slips and falls, and they represent both property owners and injured parties. The attorney’s role includes determining the legal status of the injured party (trespasser, licensee, invitee) to establish the owner's duty of care and potential liability. They aim to secure appropriate compensation for injuries sustained due to unsafe premises.

What are common causes of slip & fall accidents?

Common causes of slip and fall accidents include a lack of proper maintenance, such as failing to clean up spills or mop water, not warning of known dangers, or leaving hazards unaddressed, which an owner knew or should have known about. These incidents can happen in both commercial and residential settings, and determining liability depends on the status of the injured party—whether they are an invitee, licensee, or trespasser—and the conditions of the premises at the time of the accident.

How can a premises liability attorney help with my case?

A premises liability attorney can help in various ways if you've been injured on someone else's property. They can navigate the legal complexities involved, determine the responsible party, and help build a strong case for compensation based on negligence or failure to maintain safe conditions. The attorney will evaluate the status of the injured party—whether a trespasser, licensee, or invitee—as this influences potential compensation. They focus on obtaining a fair settlement or pursuing litigation if necessary.

What should I do if I am injured on someone else's property?

If you are injured on someone else's property, it is important to seek medical attention immediately and document the scene of the accident. You should also contact us at J.P. Colgan Law to discuss your case with a premises liability attorney. We will guide you through the legal process and help protect your rights. You can reach out to us for more information.

Additional Information in Northglenn, Colorado

Centers for Disease Control and Prevention - Slip, Trip & Fall Prevention for Healthcare Workers: Focuses on reducing the incidence of workplace injuries specifically related to slips, trips, and falls (STFs) in healthcare settings. It details strategies for hazard prevention and safety improvement, emphasizing the importance of a proactive approach to floor care, employee training, and environmental modifications. The document can be instrumental in a premises liability case by serving as a benchmark for safety standards in healthcare facilities, thereby helping to establish whether appropriate preventive measures were in place and adhered to at the time of an accident.

Colorado Premises Liability Act: Guidelines on how landowners can be held liable for injuries that occur on their property, emphasizing different levels of care required for trespassers, licensees, and invitees. It specifies conditions under which a landowner is responsible for injuries, thereby helping to frame the legal boundaries and responsibilities in premises liability cases in Colorado. This can be crucial in understanding and navigating the legal process in such cases.

National Safety Council - Make Fall Safety a Top Priority: Comprehensive resources on slips, trips, and falls, focusing on workplace safety. It offers training materials, prevention tips, and data about these hazards, aimed at reducing accidents. The information could support premises liability cases by providing data on common hazards and demonstrating best practices for accident prevention and safety standards compliance. Such resources are valuable for establishing negligence or compliance in such cases.