Property owners have a duty to keep those who visit their property reasonably safe from harm. Although that duty varies depending on the purpose of a person’s visit (for example, you would owe a higher duty of care to a client or customer of your business than you would to someone who is trespassing), there are legal remedies for those injured as a result of a property owner’s negligence. Suffering an injury due to a slip and fall or another incident while visiting a business, or as a guest in someone’s home, can involve extensive medical treatment, time missed from work, and other interferences with a victim’s day-to-day life, depending on the injury’s severity. Colorado Springs premises liability lawyer Patterson Weaver assists victims injured on someone else’s property in investigating the circumstances leading to their harm, as well as throughout any litigation that follows. Patterson Weaver takes pride in making sure that his clients receive comprehensive representation and the individualized attention that they deserve during the entire course of a case.
Types of Premises Liability Cases
Legally, owners of property are required to maintain reasonably safe conditions on their premises, as well as adequately warn visitors of any known hazard there if it cannot be quickly remedied. The Colorado Premises Liability Act sets out the roles and duties of property owners based on the type of visitor to a property.
For instance, people entering a property for a business purpose, such as customers visiting a retail store, mall, or other establishment providing goods or services, are owed the highest degree of care from the property’s owner or occupier. Businesses must conduct routine inspections for unsafe conditions, such as leaks or spills on floors, as well as broken steps or railings in staircases. Business owners must also fix these hazards within a reasonable time period, or they must make sure to warn patrons of their existence. If a customer is injured as a result of a dangerous condition, inadequate security, or inadequate maintenance, they should retain a premises liability attorney in the Colorado Springs area to pursue a claim against the party responsible. Invitees, or social guests in a home, are also owed a duty of care by the homeowner, and even trespassers have limited rights, especially when the person on the property without permission is a child.
Slip and fall accidents can lead to significant injuries, such as broken bones, head and neck injuries, and other serious conditions that require long recovery times. To prevail in a premises liability claim and receive damages for their injuries, a plaintiff must show that the unsafe condition or hazard that caused the injuries was the responsibility of the defendant property owner or business manager. They also must show that the owner or manager knew, or should have known, of the danger based on reasonable inspections, but they failed to fix the unsafe condition. There must have been no adequate warning of the dangerous condition, and the plaintiff must have been owed a duty of care as a customer or guest on the property. Since each of these elements can be complicated to prove, enlisting an experienced Colorado Springs premises liability attorney can make a major difference in establishing fault.
Once liability is established, a plaintiff can receive compensation for past and future medical costs, loss of wages, diminished earning capacity, and pain and suffering, depending on the severity of their injuries. Under Colorado law, courts determine damages based on “modified comparative fault,” which means that victims are entitled to compensation as long as they are less than 50 percent responsible for causing their own injuries. Consulting a knowledgeable attorney who can help you determine your legal options is important to making sure that your legal rights are asserted properly during any proceedings.
Experienced Representation in Colorado Springs and Beyond
If you have been injured on someone else’s property, personal injury lawyer Patterson Weaver can help you determine who is at fault for your harm. Our firm represents clients in Colorado Springs and surrounding areas, including Pueblo, Monument, Manitou Springs, Fountain, Security-Widefield, Palmer Lake, Old Colorado City, Woodland Park, Divide, Cripple Creek, Fairplay, Salida, Buena Vista, Westcliffe, Silver Cliff, Canon City, and Castle Rock, as well as other communities in El Paso, Chaffee, Pueblo, Teller, Lincoln, and Park Counties. You can contact Peakstone Law Group, LLC online or at (719) 264-9858 for a free appointment with a premises liability lawyer in Colorado Springs.