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.
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.
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.
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 the Law Offices of James Colgan. We can help you build your lawsuit, so you get the best possible settlement.