Public property is owned or controlled by the government. Typically, the duties are the same as private property. The biggest difference is filing a claim for public property negligence is a form of suing the government versus an individual or a business.
If you believe you may have a case due to injuries you have sustained on another’s property, contact a distinguished premises liability attorney immediately. A Denver public property premises liability lawyer can help you review the facts of your case before proceeding with your claim.
Defining Denver Premises Liability Statutes
The premises liability statute is a statute that outlines a property owner’s responsibility and duty of care and then the Colorado Governmental Immunity Act which is another state statute determines under what situations a person is able to sue the government.
When a person is injured in a premises liability accident on public property, Denver will have to have control over the property. This means that they have the responsibility to remediate dangerous conditions but, there is no clear answer on that one.
What is Denver’s Duty of Care to its Residents?
Duty of care for residents depends on where they are injured and if the City of Denver has control over the property at the time. For example, someone on a motorcycle who hits a series of potholes in which they were unable to avoid, they can sue the City of Denver so long as they show that the condition of the street itself was dangerous.
The same can apply if someone trips and falls on a sidewalk of government property. Most jurisdictions will quickly defend the situation and force a person to file a lawsuit every single time. It may be critical to speak with a Denver public property premises liability lawyer about the government’s level of responsibility for any harm caused.
Filing Claims Against the Government
They first have to give the government notice within six months of the accident. Once they have done that, then they can try to file a claim and see if they are willing to accept liability without having to file a lawsuit, but nearly 100 percent of the time, a person has to file.
What Impact Does the Negligence Standard Have on these Claims?
The standards are the same as if it is on a public or private property. They have to show the status of the person, trespasser, licensee or invitee, and then that will determine what duties the City of Denver has.
Potential Recoverable Damages
Denver public property premises liability lawyers know that individuals may be able to recover medical expenses, pain and suffering, and emotional distress for having to go through everything. If they have missed work, they will be able to get monetary compensation for that as well. If they are seriously injured, they can get money for future medical care and future lost wages. In serious accidents, not against the government, they can typically get punitive damages.
How are Damages Prevented?
If the injured person knowingly or at least knew about the dangerous condition such as ice and snow but they tried to cross a sidewalk or a street anyway, that would most likely prevent them from being able to get damages.
If the City of Denver did not actually have control over that piece of property, the injured party may not be able to recover. Contact a Denver public property premises liability lawyer to plan the types of damages you should seek for your injuries.