Colorado Premises Liability Laws

Understanding Colorado premises liability laws is crucial if you suffered an injury on someone else’s property. These laws determine whether you can hold the property owner responsible for your injuries. They outline property owners’ duties to ensure their premises are safe for visitors.

Premises liability cases can be complex, involving factors like visitor status and property conditions. Knowing your rights helps you navigate the legal process more effectively. This article will explain premises liability law and how it affects your potential claim.

What Is Premises Liability Law?

Premises liability law holds property owners responsible when someone gets injured on their property due to unsafe conditions. But what is premises liability law in simple terms? It refers to the legal obligation property owners have to maintain a safe environment for visitors. If property owners fail to address hazards or warn visitors about them, they may be liable for any injuries. Premises liability law covers various types of accidents, including slip and falls, negligent security, and dog bites.

Overview of the Colorado Premises Liability Act

The Colorado Premises Liability Act governs premises liability cases. This law defines the duties property owners owe to people who enter their property and outlines the legal standards for holding owners accountable for injuries. Under the Act, the level of responsibility depends on the visitor’s status—whether they are an invitee, licensee, or trespasser. The law aims to balance property owners’ rights with visitors’ safety.

Classification of Visitors Under Colorado Premises Liability Laws

Colorado law classifies visitors into three categories:

1. Invitees are people invited onto the property for business purposes, like customers in a store;
2. Licensees are social guests or others who have permission to be on the property but are not there for business reasons; and
3. Trespassers are individuals who enter the property without permission.

The classification affects the duty of care the property owner owes. For invitees, owners must take reasonable steps to keep the property safe by conducting regular inspections and fixing hazards. Licensees must be warned of known dangers that are not obvious. The duty is minimal for trespassers, but owners cannot willfully harm them. Deliberately creating hazards or setting traps is prohibited.

Common Types of Premises Liability Claims

Several situations can lead to premises liability claims. Examples include:

• Slip and fall accidents—occur due to wet floors, icy sidewalks, or uneven surfaces;
• Inadequate security—happens when insufficient security measures lead to assaults or other crimes;
• Dog bites—involve injuries from dog attacks when the owner or caretaker fails to control their pet; and
• Dangerous conditions—include hazards like exposed wiring, broken elevators, or falling objects.

These incidents often result from the property owner’s negligence. Victims may suffer injuries ranging from minor cuts to severe trauma, impacting their quality of life.

How Your Negligence Can Affect Your Claim

Colorado premises liability laws determine how you pursue a claim and the compensation you might receive. Proving negligence involves showing that the owner knew or should have known about the hazard and failed to address it.

Comparative negligence may also affect your claim. Your compensation could be reduced if you are partly at fault for the accident. You could receive no compensation if you are 50% or more at fault.

Statute of Limitations in Colorado

In Colorado, you have a limited time to file a premises liability claim. The statute of limitations is generally two years from the date of the injury. You may lose the right to seek compensation if you miss this deadline. Claims against government entities may have significantly lower filing deadlines. That’s why you should meet with a lawyer right after the accident.

Steps to Take If You Have a Premises Liability Claim

If you believe you have a premises liability claim, consider taking these steps:

1. Seek medical attention. Your health is the top priority. Get a medical evaluation, even if injuries seem minor.
2. Document the scene. Take photos of the hazard and surrounding area. Visual evidence can strengthen your claim.
3. Report the incident. Inform the property owner or manager about the accident. If possible, request a written report.
4. Collect information. Gather contact details from any witnesses. Their statements may support your case.
5. Keep records. Save all medical bills, receipts, and correspondence related to the incident.
6. Consult an attorney. A legal professional can help you understand your rights and guide you through the claim process.

Being proactive helps preserve crucial evidence and establishes a clear record of events. With premises liability accidents, it’s important to establish what the conditions were like when you were injured.

Contact a Colorado Premises Liability Lawyer

At Sloat, Nicholson & Hoover, P.C., we help you understand your rights under Colorado premises liability laws. Contact us today for a free consultation if you have a premises liability claim. Our skilled lawyers will evaluate your case and guide you through the legal process. Call us to take the first step toward securing the compensation you deserve.