As defined by Denver law, premises liability comes into play when a person is injured on someone else’s property and they make a claim against the property owner for their injuries.
A premises liability case is a claim that a person makes when they are injured because of the condition of the property or circumstances existing on the property and the claim that a person is making is against the landowner themselves.
Individuals should contact a Denver premises liability lawyer if they are injured or if they need any kind of prolonged treatment. It may be critical to discuss your case with an experienced personal injury attorney who can protect your best interest.
Difference Between Other Personal Injury Cases
Premises liability differs primarily because there is a specific statute that outlines the duty of the property owner and the steps that they have to take to prevent dangerous conditions.
With a typical car accident, someone has to prove that the other party was negligent, meaning that their actions did not line up what the standard of care.
Denver premises liability lawyers know that their cases require a different standard of care depending on the person’s status on the property and their reasons for being there.
Understanding Duty of Care for Property Owners
The duty of care that someone may owe depends on why the person is on their property. For a trespasser, the property owner must not intentionally injure them or intentionally create a dangerous condition with the intent to injure someone.
What is a Licensee?
A licensee is someone who is on the property primarily for their own benefit and not for the benefit of the landowner.
The owner’s duty is to make the licensee aware of any dangerous conditions but they do not have to go out of their way beyond that to prevent any kind of dangerous conditions or remediate them.
With an invitee, they have to take reasonable steps to discover dangerous conditions and then warn of them as well as if they actually do know they have to warn of those as well.
Practiced Premises Liability Laws
Typically, Denver premises liability lawyer is a personal injury attorney that handles a wide range of cases like car accidents and intentional torts and even products liability. With premises liability, it is a little bit different and there is a lot more involved that goes into approving liability and showing the injuries are related.
Establishing a Liability Case
Some of the things that a Denver premises liability lawyer will look for is if there is any comparative fault on the part of the injured person or if they should have been able to discover the dangerous condition before being injured.
In Denver, it snows a lot and there are icy conditions, so there is some amount of care that a person must take on their own to look out for those conditions and take reasonable steps to prevent being injured.
What is the Role of the Injured Person?
Someone’s reason for being on the property is going to determine largely whether they are able to recover for their injuries. The reason for being on the property will impact the burden of proof that must be shown.
If they are a licensee, they have to show that the property owner had actual knowledge of the dangerous condition and did not do anything about it.
A Denver premises liability lawyer knows it is much easier a case if they are an invitee. They must show that under the reasonable circumstances that the property owner should have known about the dangerous condition.