Colorado Springs CO Premises Liability Attorney
If you or a loved one sustain injuries on the property of someone else as a result of their negligence or recklessness, contact a Colorado Springs CO premises liability attorney right away. You may be able to obtain compensation through a premises liability claim. These claims can be extremely complex, however. Therefore, it’s in your best interests to speak to an experienced personal injury lawyer about the nuances of your individual case. Call Brylak Law today.
What Is a Premises Liability Claim?
A premises liability claim involves a situation where a property owner, manager, or maintainer, failed to maintain a safe environment for people who visit their property. Residential, commercial, and industrial properties must all be maintained in safe conditions. If a dangerous situation occurs, the property owner must provide adequate warning for anyone visiting the property. If they do not, and an accident subsequently occurs, they may be legally responsible.
A Colorado Springs CO premises liability attorney can help you prove the following in a claim:
- The property owner, manager, or maintainer had control over the property;
- Unsafe or dangerous conditions existed on the property;
- The property owner, manager, or maintainer knew or should have known about the dangerous condition;
- The property owner, manager, or maintainer did not warn you or fix the unsafe condition;
- You suffered harm due to the unsafe condition;
- The property owner, manager, or maintainer’s actions or failure to act caused your harm.
How to Prove a Premises Liability Claim
When proving a premises liability claim, you must first show that the property owner or manager had a duty. That duty may have been to maintain the property in a certain way or to warn you or others about a danger that existed on the property. That duty is often a standard of considering what a reasonable person would have done in the same situation.
You must also show that the property owner or manager did not uphold that duty. If they failed to do what they should have done, then they may be considered negligent. This may include either actions or inaction. For example, if a property owner put soapy water down on a floor to clean it, but failed to mop it all up, then they took actions or didn’t take actions that made them negligent.
Once you prove that there was a duty and the person failed to uphold that duty, then you must show that the failure resulted in your injuries. There must be a direct connection between the negligence and your harm for you to recover compensation. If you slipped and fell in a puddle that you should have been warned about, then your injuries are directly related to that failure to warn. A Colorado Springs CO premises liability attorney can help you prove you deserve compensation in a premises liability claim.
Types of Visitors to Property
The level of duty a property owner, maintainer, or manager has to someone on their property depends on the status of the person visiting.
- Invitee – An invitee is someone who was specifically asked to come to property for business purposes. The person in control of property may be liable if they actually knew or they should have known about a dangerous situation.
- Licensee – A licensee is someone who visits property with permission, but was not a specific invitee. The person in control of the property may be liable if they actually knew about a dangerous situation, but failed to warn or didn’t take action to correct.
- Trespasser – A trespasser is on property illegally, and the person in control of property owes very little duty to them. If a property owner intentionally does something to create a dangerous situation and a trespasser subsequently suffers harm, the owner may be liable. There are exceptions, however, for children and some other trespassers.
What Is the Colorado Premises Liability Act?
In 1986, the Colorado Premises Liability Act (PLA) was enacted. It addresses situations where a property owner or maintainer may be responsible for injuries that occur on their premises. However, it generally discusses many groups of people who may be responsible for injuries, called “authorized individuals.” These are people who are responsible for real property and its condition. Authorized individuals may also be responsible for the activities that occur on a property.
Examples of authorized individuals include:
- Construction companies
- Property managers
- Camp counselors
If a ski lift breaks at a resort, then the property owner may be responsible for any injuries that occur. However, if a property manager is expected to maintain those lifts, but fails to and someone is injured, then the property manager may also be responsible. If a maintenance company failed to properly maintain the lift, then they may also be responsible. More than one person or company may be considered an authorized individual with responsibilities and legal liability. It’s best to work with a Colorado Springs CO premises liability attorney to make sure you name all responsible parties in your lawsuit. If you leave anyone out, you may not be able to fully recover compensation to cover your losses.
Children on Property
Although trespassers have the lowest level of duty owed by the property owner, children who enter property may be owed a higher level of duty. Children are not expected to anticipate danger in the same way as adults. Children are assessed according to their age and level of understanding. Thus, the law does not expect a child to have the same awareness of danger as an adult.
This issue of children becomes apparent when there is an attractive nuisance. An attractive nuisance is something that may attract a child onto a property. Land owners have a legal obligation to remove attractive nuisances or protect against them. This may involve a fence, door, lock, or other barrier to protect children from the danger.
Independent Contractors on Property
When an independent contractor is on someone’s land, the law does not treat the property owner as an employer. For example, the law does hold the property owner liable if an independent contractor suffers harm on their land. However, there are some situations where a land owner may be held responsible. For example, if a property owner knew or should have known about a danger and failed to warn an independent contractor, then the land owner may be liable. A Colorado Springs CO premises liability attorney can help you file a claim.
Compensation in a Premises Liability Claim
When you sustain injuries in a premises liability claim, you likely have significant medical bills and you may be unable to work. This can cause a lot of stress. A Colorado Springs CO premises liability attorney can help. We can work to prove your claim and help you recover compensation for:
- Past and future medical expenses
- Pain and suffering
- Permanent and temporary disability
- Lost wages
- Loss of earning capacity
- Loss of quality of life
If your loved one suffered fatal injury on someone else’s property, then you may be able to recover compensation for the losses associated with their death. That may include funeral and burial expenses and other damages.
A Colorado Springs CO Premises Liability Attorney Can Help You
If you suffer injury in any of the following types of accidents, Brylak Law can help you with a premises liability claim:
- Slip, trip, and fall accidents
- Dog bites
- Inadequate security
- Escalator and elevator injuries
- Swimming pool accidents
- Porch or stair collapses
Contact a Colorado Springs CO premises liability attorney to help you navigate the legal issues of your claim. For an initial consultation, call us today.