As a property owner, one of your core responsibilities is making sure your premises are safe for visitors. This duty extends not only to tenants or employees but also to guests and customers who come to your property.
If someone is injured due to unsafe conditions on your Colorado property, you may be held liable under a legal concept known as premises liability.
In this blog post, we’ll explain what premises liability claims are, the potential risks for property owners, and how a premises liability lawyer can help you handle any legal challenges that may arise.
What Is Premises Liability?
Premises liability refers to the legal responsibility of a Colorado property owner to maintain a safe environment for visitors. This includes addressing hazards such as wet floors, broken stairs, poor lighting, or even criminal activity if it could have been reasonably prevented.
If a person is injured on your property due to negligence or unsafe conditions, they may have the right to seek compensation for their injuries due to your mistake.
In legal terms, premises liability falls under the umbrella of personal injury law. If someone can prove that the injury was caused by unsafe conditions on your property and that you failed to take reasonable steps to prevent it, you could be held responsible for medical bills, lost wages, and other damages.
Types of Visitors and Legal Responsibilities
The level of responsibility you owe to a visitor depends on their status when they enter your property.
According to the Colorado Judicial Branch, there are generally three categories of visitors:
(1) Invitees
These are people who enter your property for business purposes, such as customers at a retail store or clients visiting an office. As a Denver-area property owner, you owe the highest duty of care to invitees. You must keep your property in a reasonably safe condition and warn of any hazards.
(2) Licensees
These are individuals who enter the property for social reasons, such as friends or family visiting your home. While you still have a duty to warn them of known hazards, your responsibilities are less stringent than those owed to invitees.
(3) Trespassers
These individuals enter your property without permission. Colorado property owners generally owe a limited duty to trespassers, primarily making sure they are not deliberately harmed.
However, if a trespasser is a child, there may be additional legal considerations, such as the “attractive nuisance” doctrine, which holds owners responsible for certain hazards that may lure children onto the property.
Common Colorado Premises Liability Claims
Premises liability can arise in many different situations, and no two look exactly alike.
Some of the most common claims premises liability lawyers handle include:
Slip and Fall Accidents
Slip and fall accidents are among the most common types of premises liability claims. Wet floors, icy walkways, or uneven pavement can cause serious injuries.
If you fail to address these hazards or fail to warn visitors about them, you could be held liable. That’s why you must regularly inspect high-traffic areas for hazards and take steps to mitigate risks, such as placing warning signs or fixing the issue promptly.
Inadequate Security
Colorado property owners may be held liable for injuries sustained due to criminal activities on their premises if they fail to provide adequate security. If, for example, an assault or robbery occurs in an area that is poorly lit or lacks surveillance cameras, the property owner may be held responsible.
Protecting the safety of visitors is a critical part of premises liability and can often include installing sufficient lighting, adding security cameras, or hiring security personnel where necessary.
Subpar Maintenance
Another common claim arises when a negligent property owner fails to properly maintain their premises. This could involve broken railings, faulty wiring, or poorly lit stairways. Such hazards can lead to serious accidents, such as falls or electrical shocks.
Keep up with routine maintenance and conduct repairs promptly to reduce the risk of accidents and demonstrate you are fulfilling your duty to maintain a safe environment.
How a Premises Liability Attorney Helps
If you are facing a premises liability claim in Colorado, consult with a premises liability attorney immediately. A lawyer will guide you through legal hurdles, help gather evidence, and protect your rights starting on day one.
Here’s how a premises liability lawyer can assist property owners:
1. Investigation and Evidence Gathering
A premises liability lawyer will conduct a thorough investigation into the cause of the accident. They may also gather witness statements, review security footage, and collect medical records to build a strong defense.
If there are any unclear circumstances surrounding the incident, an attorney will help clarify them to support your case.
2. Negotiation with Insurance Companies
Insurance companies often aim to settle premises liability claims quickly and for less than they are worth. A skilled premises liability lawyer will advocate on your behalf to make sure any settlement offers are fair and that your rights are protected.
3. Defending Against Claims
In cases where you are sued, a premises liability attorney will represent you in court. They will argue your case, present evidence, and aim to minimize or eliminate your liability.
By hiring an experienced attorney in the Denver area, you increase the chances of a positive outcome, whether in settlement talks or court.
4. Mitigation of Damages
In some cases, a premises liability lawyer may be able to negotiate a settlement with the injured party to avoid a lengthy court battle. This could result in a reduced settlement amount or other favorable terms, potentially saving you time and money.
Considering that the Department of Justice reports the median award in premises-liability cases is around $90,000, support from a legal team can be invaluable for property owners.
Protecting Yourself From Premises Liability Claims
As a property owner, there are several proactive steps you can take to minimize the risk of a premises liability lawsuit. Here are some of the top ones we recommend:
Conduct Regular Inspections
Frequent inspections of your property help identify hazards before they cause an accident. Look for cracked pavements, loose railings, wet spots, or other potential dangers. Scheduled inspections will also help demonstrate that you took reasonable steps to keep the property safe.
Repair Things Quickly
When hazards are identified, take immediate action to fix them. Whether it’s repairing a broken stair or cleaning up a spill, prompt repairs can prevent accidents and show that you take safety seriously. The quicker you address problems, the less likely they are to result in a claim.
Warning Signs
If you cannot immediately resolve a hazard, post clear and visible warning signs to prevent accidents. For example, placing a “wet floor” sign near a spill or blocking off a hazardous area until repairs are made shows that you are actively working to minimize risk. This can be an effective defense in the event of a claim.
Security Measures
Security is another important aspect of protecting your property from liability claims. For example, if you own a business, providing adequate lighting and perhaps even hiring security personnel can make your property safer.
When criminal activities occur due to lack of security, you could be held liable for negligence.
Hire a Denver Premises Liability Lawyer
Premises liability is a significant area of law that every property owner should understand. When you’re aware of your responsibilities and take steps to maintain a safe environment, you minimize the risk of accidents and protect yourself from potential premise liability claims.
When facing a premises liability claim, your first step should be to hire legal counsel and protection. Working with a skilled premises liability lawyer will help you navigate the complexities of the legal process and protect your interests.
Schedule a Claim Consultation Today
If you’re facing a premises liability issue or need assistance in protecting your property, don’t wait. The team at Manning Law is here to guide you through every step of the process and confirm your rights are protected.
Contact us to schedule a consultation with an experienced premises liability lawyer. We’ll help you understand your options and work tirelessly to achieve the best outcome for your case.