Premises Liability

In many cases where injuries occur on someone else’s property, victims are entitled to collect damages. 

Colorado premises liability law determines the responsibilities of landowners by categorizing visitors to a property as a licensee, invitee or trespasser. In general, this means people who visit a commercial property to conduct business, or for reasons that benefit the property owner or tenant, are owed a higher duty of care than those who visit a private property. However, even private property owners have an obligation to protect visitors from known dangers, and to warn them of known risks. 

The wide range of scenarios in which property injuries can occur, make choosing an experienced Colorado Springs property injury lawyer an important first step when it comes to protecting your rights. Early consultation with a premises liability law firm is critical in most cases, as property owners and tenants will often quickly move to correct a dangerous condition in the wake of injury, which can destroy evidence critical to proving your case. 

Common types of property injuries include: 

• Slip and fall accidents
• Stairwell injuries
• Sidewalk injuries
• Landlord liability
• Parking lot injuries
• Snow and ice injuries
• Falling merchandise
• Injuries resulting from poor lighting
• Elevator/Escalator injuries
• Negligent security
• Swimming pool injuries
• Dog bite injuries

Proving your case will likely require showing a property owner knew of the dangerous condition, or should have known about it. This may include previous accidents or near accidents, or showing that the danger existed for a long enough period of time that it should have been discovered and corrected through reasonable care and diligence. Eye witnesses and videotaped evidence can be key in such cases, which is yet another reason an independent investigation should be conducted by an experienced Colorado Springs premises liability attorney as soon as possible after an accident. 

Property Injury Claims in Colorado 

Colorado law determines a property owner’s responsibility to protect guests by categorizing them as an invitee, licensee, or trespasser. 

An invitee is invited to a property to conduct business for the benefit of the property owner. As such, he is owed the highest duty of care. An invitee may collect damages for injuries caused by a landowner’s failure to use reasonable care to protect against dangers he knew about, or should have known about.

A licensee is defined as a person who is on the property for the licensee’s own interests or convenience. A guest at a home is a licensee.

A licensee may collect damages for injuries caused by a property owner’s failure to use reasonable care regarding known dangers, or unreasonable failure to warn of existing dangers on a property.

A trespasser is someone who is on a property without permission. He is owed the lowest duty of care and may only collect damages for injuries that are willfully or deliberately caused by a property owner. An exception to this is the attractive nuisance doctrine, which holds property owners responsible for injuries to children lured onto a property in certain instances where: 

• Landowner should have known a hazard was likely to draw trespassing children. 
• The condition or object had the potential to result in serious harm to children.
• The child was too young to understand the risks.
• The cost to correct the hazard was minimal compared to the risks to children. 
• Landowner failed to take reasonable steps to eliminate the risks. 

Determining Property Injury Liability in Colorado

An experienced Colorado Springs property injury attorney must determine the duty of care owed to an injury victim and then identify all of the parties who may share liability for personal injury or wrongful death.

Those who may be held responsible for property injuries include: 

• Property owners
• Vendors
• Tenants
• Property managers
• Contractors
• Event organizers, planners or managers
• Others responsible for maintenance, property conditions, or the safety of activities occurring on a property.

At Pribila and Fields PC, we pride ourselves in being a different kind of law firm. We are your partner in Colorado Springs, rooted in this community and dedicated to serving the legal needs of our neighbors. It is our mission to get results that are in our client’s best interests. Simply put, we will fight for what is fair for you, and for the compensation that you deserve.

Pribila and Fields PC, represents clients in personal injury and wrongful death litigation in Colorado Springs, El Paso County and the surrounding areas, including, Security-Widefield, City of Fountain, Cimarron Hills, Fort Carson, Black Forest, Woodmoor, City of Woodland Park, Stratmoor, Air Force Academy, Gleneagle, Town of Monument, City of Manitou Springs, Town of Palmer Lake, Cascade-Chipita Park, City of Cripple Creek, and Ellicott.

If you have been injured in an accident, contact the Colorado Springs injury lawyers at Pribila and Fields PC for a free and confidential consultation to discuss your rights. Call 719-888-3720.