Pueblo CO Premises Liability Attorney
If you or a loved one suffered injury on property owned or managed by someone else, you should contact a Pueblo CO premises liability attorney as soon as possible. In Colorado, both property owners and managers owe a duty to people who are legally visiting their land. If your injury occurred due to a property manager’s negligence, you may be able to obtain compensation for losses that you incur as a result. Contact Brylak Law today for more information about how a personal injury lawyer can help you with a premises liability claim.
What Is a Premises Liability Claim?
Owners and managers of property have a legal duty to maintain their land and buildings in conditions that are reasonably safe. If a property is in dangerous or unreasonable conditions, then the property owner or manager is required to provide warnings to those who are on the property. Any accident that occurs as a result of dangerous conditions could be the financial responsibility of the owner or anyone else who is supposed to maintain the property.
What Must You Prove?
A Pueblo CO premises liability attorney can help you prove the following elements of a claim:
- The defendant had control over the property;
- A dangerous situation existed on the property;
- The defendant actually knew or should have known about the dangerous situation (depending on level of duty);
- The defendant did not warn of the danger or eliminate the risk;
- You suffered harm because of the dangerous condition; and
- The defendant’s actions or inaction caused your harm.
When proving a premises liability claim, you must show that the property owner or maintainer had a duty. That duty may have been to maintain the property in a safe manner or to post warnings about a dangerous situation. Once you prove there was a duty, you need to show that the property owner or maintainer failed to uphold that duty. If they did not do what was expected of them, you can show they did not act as a reasonable person would have in the situation.
Once you prove duty and failure to uphold the duty, you must show that you sustained injuries as a result of the property owner’s failure to uphold that duty. There must be a direct causal link between their actions or inaction and your injuries. A Pueblo CO premises liability attorney can help you gather necessary information and prove that you deserve compensation.
Property Owner’s Duty of Care Depends on the Type of People Who Visit the Property
The duty of the property owner depends on the status of the person who is on the property. The following are three legal statuses of people who may visit a property:
- Invitee – People who visit businesses are invitees. Property owners have the highest degree of duty to invitees. If a property owner actually knew or reasonably should have known about dangerous conditions, then they can be responsible for accidents.
- Licensee – People who have permission to visit a location, but are not specifically invited for business purposes are licensee. An owner must have had actual knowledge of a dangerous condition to be legally liable for injuries.
- Trespasser – People who enter property illegally are trespassers. This is the lowest standard of duty for property owners and managers. Property owners must show intentional or willful conduct in allowing a dangerous situation to harm a trespasser in order to be legally liable. There may be exceptions for children and other certain trespassers.
What Is the Premises Liability Act?
The Colorado Premises Liability Act (PLA) was enacted in 1986. It defines various types of people who may visit a property and establishes liability of property owners and others. It specifically addresses property owners and when they may be liable when others are harmed on their land. Moreover, it mentions other authorized individuals who serve as property agents who may be liable. Authorized individuals may include:
- Property managers
- Construction companies
- Camp counselors
Property agents are those who are responsible for the condition of real property. They may also be responsible for activities that happen on real property.
An example of an authorized individual may be a manager at a ski resort. Although the owner of the property or resort may be liable for some injuries that occur, the manager may be as well. If the manager is responsible for snow and ice maintenance and removal, but a visitor slips and falls on a sidewalk, then the manager may be responsible for the injuries that occur in that slip and fall accident.
Children Entering Property
Although property owners do not owe trespassers a high duty of care, the expectations are different when the situation involves children. And the law doesn’t hold children as responsible as adults. In fact, children are not expected to fully understand the danger that might exist on a property. Property owners, however, are under legal obligation to take measures to ensure children do not suffer harm on their land, especially when they can anticipate that children will be present.
A major issue with children on property is attractive nuisances. An attractive nuisance is anything that might entice a child to enter a property. Property owners have a duty to get rid of attractive nuisances or block them with doors, locks, fences, and other barriers to danger.
Dealing With Independent Contractors
Independent contractors often work on the property of someone else who is not their employer. Although property owners do not usually owe a duty to an independent contractor, there are exceptions. When a property owner should have known or did know about a danger, they may be held liable for injuries incurred by the independent contractor. A property owner must warn an independent contractor of potential dangers on their property. If they do not, they may be legally liable for harm that is caused.
Although independent contractors often cannot file a workers’ compensation claim, they may be able to file a personal injury lawsuit against the property owner who fails to warn them of a known danger. Consult with a Pueblo CO premises liability attorney to find out if someone else is liable for your losses.
Obtaining Compensation in a Premises Liability Claim
A premises liability claim can involve serious injuries that occurred on the property of someone other than the injured party. The person who sustained injury may need extensive medical treatment and may be out of work for some time. These losses can be significant, and a Pueblo CO premises liability attorney can help you recover compensation for the following:
- Past and future medical costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Permanent or temporary disability
- Loss of quality of life
Additionally, if your loved one was fatally injured on someone’s property, you may be able to recover compensation for burial and funeral expenses and other losses you’ve incurred.
A Pueblo CO Premises Liability Attorney Can Help You
If you have any of the following types of premises liability claims, Brylak Law can help.
- Slip and fall accident
- Dog bite
- Inadequate security
- Escalator and elevator injuries
- Swimming pool accidents
- Porch or stair collapse
Call our Pueblo CO premises liability attorney today for help with your claim.