Injuries sustained due to a landowner’s negligence could lead to a premises liability claim. However, cases based on premises liability law are often complicated. Although landowners in Colorado have a duty to keep their properties free from reasonably dangerous conditions, this duty is applied based on the specific visitor status of those visiting the land. There is even heated debate in some cases over who is considered a landowner in the first place.
Considering the potential complexity of these cases, a person injured on someone else’s property may benefit from speaking with a Brighton premises liability lawyer. Through a private consultation, a knowledgeable attorney could help you learn more about filing a personal injury claim.
Licensees, Invitees, and Trespassers on Unsafe Properties
Under Colorado Revised Statutes §13-21-115, a person injured by a dangerous condition on someone else’s property could bring a civil action against the property owner. However, to hold a landowner liable for injuries sustained, the injured party must demonstrate that the landowner in question failed in their legally owed duty to protect visitors. The type of duty owed depends on the classification of the injured individual as a licensee, invitee, or trespasser.
A landowner owes the greatest duty to exercise reasonable care to an invitee, or a customer or patron. Licensees, who are typically social guests, may only recover for injury sustained due to a dangerous condition of which the landowner had actual knowledge. Trespassers do not have permission to be on the landowner’s property, and as such may only recover for losses caused by the landowner’s deliberate actions.
Individuals who sustained an injury due to a dangerous hazard on someone’s property may wish to consult a Brighton premises liability lawyer. Depending on the situation, an attorney could provide clarification regarding the legal distinctions between licensees, invitees, and trespassers. Understanding these distinctions could in turn help potential claimants understand how their actions could be classified and how this may affect a legal claim before proceeding.
Who Is Considered a Landowner in Brighton?
Injured plaintiffs may seek compensation from a defendant “landowner” under Colorado premises liability law. CRS §13-21-115(1) describes a landowner as an individual who possesses property or is legally responsible for the circumstances and conditions that exist on the property. Since this not clearly defined, there may be questions over who is considered the landowner and is therefore potentially liable for injuries.
For instance, the question of land ownership may apply in situations involving falls on sidewalks running adjacent to a property. While local ordinances might require the landowner to keep the public sidewalk clear of debris, the landowner does not actually own any portion of the sidewalk. In claims involving unsafe premises, a lawyer may be able to identify potential landowners in Brighton who may bear liability for an injury.
Advocate with a Brighton Premises Liability Attorney
Any personal injury can lead to significant economic losses. Emergency medical services, hospitalization, rehabilitation, and physical therapy are just of the treatments that you may need to restore yourself to your pre-injury state. Fortunately, if a landowner’s failure to maintain a reasonably safe property led directly to your injuries, you may be able to recover financially for medical expenses, lost wages, and non-economic damages like pain and suffering.
Allow a Brighton premises liability lawyer answer your questions about the law, evaluate a potential claim, and potentially help you file a civil suit. Call today to schedule a free consultation and take the first step towards a favorable outcome in your case.