What Is Premises Liability and When Does It Apply?

If you are injured on someone else’s property, you may wonder whether the property owner can be held legally responsible. In Colorado, premises liability laws exist to protect people who are harmed due to unsafe or dangerous conditions on another person’s property. These cases often arise from everyday situations, such as slipping on a wet floor, falling on broken stairs, or being injured by inadequate security.

Understanding what premises liability is and when it applies can help injured individuals in Colorado Springs determine whether they may have a valid legal claim. These cases depend on several factors, including why you were on the property, the condition that caused the injury, and whether the property owner failed to take reasonable steps to keep the premises safe.

What Is Premises Liability?

Premises liability concerns injuries connected to conditions, activities or circumstances on another person's property. In Colorado, C.R.S. 13-21-115 sets the duties of a qualifying landowner and ties recovery to the injured person's status as an invitee, licensee or trespasser.

Claims can involve homes, apartment complexes, shops, restaurants, offices and other properties. The applicable duty depends on the visitor's status, the property and the facts. An injury on the property does not by itself establish the landowner's liability.

When Does Premises Liability Apply in Colorado?

The relevant questions include why the person entered the property, what condition, activity or circumstance caused the injury, and what duty the landowner owed that visitor. Colorado does not apply one identical knew-or-should-have-known rule to every visitor. The statutory classifications below affect what must be shown.

Common situations where premises liability may apply include:

• Slip and fall accidents caused by wet floors or spills
• Falls due to broken stairs, uneven walkways, or loose handrails
• Injuries from poor lighting in stairwells or parking lots
• Dog bites or animal attacks on the property
• Injuries caused by falling objects or unsecured items
• Assaults due to lack of adequate security

Each case depends on the specific facts and whether the property owner failed to act reasonably under the circumstances.

Types of Visitors and How They Affect a Claim

Colorado premises liability law classifies visitors into three general categories, invitees, licensees, and trespassers. The duty owed by a property owner depends on which category the injured person falls into.

Invitees include people who enter to transact mutually interested business or in response to a landowner's express or implied invitation to the public, such as customers in a store. Generally, the statute addresses an unreasonable failure to use reasonable care against dangers the landowner actually knew or should have known about. For property classified for tax purposes as agricultural or vacant land, the statute instead specifies dangers the landowner actually knew about.

Licensees enter with permission for their own convenience or interests; social guests are included. For dangers the landowner created and actually knew about, the rule addresses an unreasonable failure to use reasonable care. For dangers the landowner did not create, it addresses an unreasonable failure to warn of known dangers that are not ordinarily present on that type of property.

Trespassers enter without the landowner's consent. The statute generally limits their recovery to harm willfully or deliberately caused by the landowner. It also preserves the attractive-nuisance doctrine for children under fourteen, so a child's circumstances require separate evaluation.

Common Causes of Premises Liability Injuries

Premises liability claims often stem from conditions that could have been prevented with proper maintenance or timely repairs. These hazards can exist indoors or outdoors and may develop over time.

Some of the most common causes include:

• Spills or freshly cleaned floors without warning signs
• Icy or snow-covered walkways
• Cracked pavement or potholes
• Broken or missing handrails
• Defective elevators or escalators
• Inadequate security measures

When property owners fail to address these hazards, they may be held responsible for resulting injuries.

What Must Be Proven in a Premises Liability Case?

To succeed in a premises liability claim, the injured person must generally prove that the property owner owed them a duty of care, that the duty was breached, and that the breach caused the injury.

Evidence should address the duty that actually applies: why you were on the property, what caused the injury, who was responsible for the property and what that person knew. Photographs, surveillance footage, maintenance records, witness information and medical records can help an attorney evaluate those questions.

Insurance companies frequently dispute these claims by arguing that the hazard was open and obvious or that the injured person was not paying attention. Strong legal representation can help counter these defenses.

What Compensation May Be Available?

If a premises liability claim is successful, injured individuals may be entitled to compensation for a variety of losses related to the accident.

Potential compensation may include:

• Medical expenses and ongoing treatment
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation and therapy costs

The amount of compensation depends on the severity of the injuries and how they affect the person’s life.

Why Premises Liability Claims Are Often Challenging

Premises liability cases are rarely straightforward. Property owners and insurers often act quickly to minimize liability by repairing hazards or disputing how an accident occurred.

Without legal guidance, injured individuals may struggle to gather evidence or meet filing deadlines. Colorado law also places limits on certain types of premises liability claims, making it important to understand how the law applies to your situation.

How a Colorado Springs Premises Liability Attorney Can Help

Working with experienced premises liability attorneys can make a meaningful difference in the outcome of a case. An attorney can investigate the accident, preserve evidence, identify responsible parties, and handle negotiations with insurance companies.

Legal representation helps ensure that your claim is properly evaluated and that your rights are protected throughout the process.

How Pribila and Fields Helps Injured Clients in Colorado Springs

At Pribila and Fields, we represent individuals who have been injured due to unsafe conditions on another person’s property. We understand how unexpected injuries can disrupt your life and create financial stress.

Our team works closely with clients in Colorado Springs to pursue fair compensation and hold negligent property owners accountable. We take the time to explain your options and guide you through each step of the legal process.

If you were injured on someone else’s property and are unsure whether premises liability law applies, we encourage you to contact us to schedule a consultation. We are here to help you understand your rights and take the next step toward recovery.