What is Premises Liability in Colorado?
If you have been involved with a personal injury lawsuit, you may have asked the question “What is premises liability?” Property owners have a legal responsibility to keep their premises reasonably safe for visitors. Although many different types of personal injury cases, including slip and fall, pool related accidents, dog bites, and more come into play with premises liability, negligence of the owner must be proven in order to receive compensation for the claim.
COMMON PREMISES LIABILITY ISSUES
One of the more common types of incidents covered by the regulations of premises liability Colorado enforces is a slip and fall accident. Whether caused by slippery conditions or mismanaged property, a slip and fall can cause someone to suffer catastrophic injuries that warrant legal damages.
EVIDENCE OF NEGLIGENCE
If the owner of a property was aware that an unsafe condition existed and failed to take necessary action to remedy the issue and/or warn others of the situation, they may be deemed negligent and liable for damages in a court of law. Unsafe conditions may include but are not limited to:
- Poorly maintained stairways, elevators, escalators, etc.;
- Hazardous conditions on floors caused by water, oil, unsecured carpeting and/or extension cords, etc.;
- An unsecured pool that is not surrounded by a fence with a locking gate and/or supervised by a certified lifeguard
- Hotels or apartment buildings lacking locking entryways and/or security guards to protect the safety of clients and residents.
PREMISES LIABILITY LAWS VARY
Depending on whether a person was invited onto an individual’s private property, the owner will have a range of premises liability under Colorado law. The levels and responsibilities are as follows:
- Invitees are people who are openly invited onto private property. This may include friends and family members visiting an individual, but also includes patrons of restaurants, bars and hotels, as well as residents of an apartment complex. Owners have the highest degree of premises liability to all invited persons.
- Licensees have permission to enter private property, but do so with a personal motive. Salespersons are generally included in this group. Owners have a lesser degree of responsibility to provide safe conditions to these persons.
- Trespassers do not have permission to enter private property. As a result, owners are not responsible for any injuries trespassers may sustain on their property, unless the trespasser is a child. When children are involved, owners are required by law to keep their property reasonably safe.
RARE TYPES OF PREMISES LIABILITY
Some property owners are unaware of premises liability related to their surrounding location. If your building is located in a high-crime area, you must provide your employees and patrons with secure parking and adequate sources of light. Failure to provide adequate safety measures is a violation of the regulations of premises liability Colorado enforces.
OTHER EXAMPLES OF PREMISES LIABILITY
There are many incidents that violate the regulations of premises liability Colorado declares, including toxic poisoning related to gas leaks such as carbon monoxide leaks. Injuries suffered in preventable fires can also warrant premises liability lawsuits in order to secure compensation.
Equipment-specific accidents are also covered under premises liability. Accidents suffered on amusement park rides, elevators, stairwells, and escalators can result from violations of premises liability regulations. If your property houses a public swimming pool, it must offer proper safety equipment and personnel such as lifeguards. Premises liability also covers a building owner’s responsibility to manage certain weather conditions, such as snow, ice, and standing water.
The regulations of premises liability Colorado enforces can lead to complex legal cases that can be difficult to prove. If you or a loved one is involved in a premises liability case in the state, a premises liability attorney can help.
A PROFESSIONAL LAWYER WILL HELP GAIN COMPENSATION
Dealing with the question “What is premises liability?” can be challenging but working with a professional personal injury lawyer is the best way to receive fair compensation.Contact Sloat and Nicholson for a free consultation to discuss your claim.
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