Damages in an Aurora Premises Liability Case
Both private property owners and business owners have a responsibility to keep their premises safe. When they fail to do so, it can lead to serious harm to visitors to the property. Whether it be icy sidewalks, missing handrails, crumbling stairways, or unlit hallways, poorly maintained premises are full of dangers.
If you have been injured on another individual’s property, reach out to an experienced premises liability attorney. Our team could help you understand the damages in an Aurora premises liability case and hold negligent property owners accountable.
Understanding Premises Liability
While all property owners have responsibilities for maintaining safe premises, not all properties are treated the same under the law. Under Colorado Revised Statute § 13‑21‑115, property owners owe different duties depending on whether an injured party was an invitee, licensee, or trespasser on the property.
Invitee
An invitee is someone invited to a property for business purposes. This includes shoppers in a retail outlet, diners in a restaurant, and guests at a hotel. Property owners have the highest duty of care to invitees and must protect them from hazards they know or should have known about, requiring routine maintenance and proactive evaluation of possible risks.
Licensee
Licensees are social guests or those granted permission to be on a property for their personal benefit, rather than commercial reasons. While property owners owe these guests the duty of addressing known hazards, they are not held liable for possible risks or required to conduct regular inspections.
Trespasser
Trespassers are individuals who enter a property without consent. Property owners are only liable for willful or intentional misconduct, except in cases where other laws, such as attractive nuisance requirements, hold them to a higher standard.
During an initial consultation, your Aurora attorney from Amy G Injury Firm could evaluate the circumstances surrounding your premises liability injury to determine what type of visitor you were and what damages may be available.
Types of Damages in Premises Liability Cases
When a property owner is found liable for not meeting their duty of care, they can be held responsible for any resulting economic, non-economic, and punitive damages.
Economic Damages
Economic damages are those that have a specified cost. Compensation may cover any accrued medical bills related to the incident, future medical expenses, physical therapy or rehabilitation, and lost wages or earning capacity.
Non-Economic Damages
Non-economic damages are more abstract and do not have a specified monetary value. These damages include pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages
Punitive damages are rare in Aurora premises liability cases, but are intended to punish and deter the liable party from committing similar acts in the future. To receive punitive damages, you must prove there was willful, wanton, or malicious conduct involved in your accident.
What Impacts the Amount Awarded?
The amount of compensation that will ultimately be awarded in your premises liability case is determined by specific details, including:
- The severity of the damage
- The permanence of the injury
- Whether you carry any responsibility for the accident
- The strength of the evidence
For example, an individual who falls on a poorly lit staircase and twists their ankle, resulting in a few weeks of missed work while they make a full recovery, will likely receive less compensation than someone who falls in a similar situation and breaks their leg and shoulder, resulting in surgery, a months-long recovery, and lasting impacts.
Working with a premises liability lawyer in Aurora could help you determine what damages may be recoverable through a civil claim.
Reach Out to an Aurora Lawyer for Help Pursuing Damages in a Premises Liability Case
If you have been injured on someone else’s property and need help understanding the available damages in an Aurora premises liability case, reach out to Amy G Injury Firm. Our team could help you understand your legal options and receive the compensation you deserve.
