Evans Premises Liability Lawyer
Premises liability is a legal concept that applies in most cases in which an unsafe or defective condition on a property caused an injury. As an occupant or person with rights to enter a property, you are owed certain duties of care by the owner or caretaker of the property. When there is a breach in this duty of care, you could become injured when you least expect it.
If you sustained an injury on property belonging to another individual or entity, consulting with a knowledgeable Evans premises liability lawyer is a logical next step. By meeting with a knowledgeable attorney, you could learn more about what your legal rights and options are, as well as the potential value of your case.
Proving a Premises Liability Case
The plaintiff has the job of proving several essential points in the case. Sustaining an injury on the property of someone else does not necessarily mean that the property owner or caretaker was negligent. An Evans premises liability lawyer must be able to show the jury that the defendant knew or should have reasonably known about the dangerous condition and failed to do what they could to mitigate the danger.
First, they must prove that the property owner breached their duty of care in maintaining or owning the property. This could mean they failed to fix a handrail, fill in a pothole, remove ice and snow from parking lots, or even promptly clean up a spill.
These examples alone may not give rise to a legal claim. For a valid legal claim to exist, the plaintiff must prove that the property owner was negligent or failed to use reasonable care in their actions. There must be a clear link between the negligence of the property owner and the injuries and damages of the plaintiff.
The following types of cases fall under premises liability laws:
- Slip and fall accidents
- Accidents involving snow and ice
- Insufficient maintenance or defective conditions on the premises
- Unsafe and unsecured surroundings increasing the risk of injury or assault
- Dog bites or other injuries caused by a pet
- Swimming pool accidents
- Fires, water leaks or flooding
- Toxic fumes or chemicals
Modified Comparative Fault in Evan’s Premise Liability
Under Colorado Revised Statutes §13-21-111, the legal system uses modified comparative fault. If a jury determines that the plaintiff is to blame, their damages will be reduced by their percentage of fault. For example – if the jury awards a premises liability plaintiff $25,000 but assigns them 10 percent of the liability, they will only receive $22,500.
If the plaintiff is more than 50 percent liable for their accident, they are barred from any damage recovery. By using a seasoned premises liability lawyer in Evans, they could help avoid this situation.
Your Right to Hire an Evans Premises Liability Attorney
Colorado law gives all injured individuals hurt on private property the right to hire an Evans premises liability lawyer and to pursue their legal options for receiving compensation. An attorney could apply their legal experience and knowledge to help clarify what occurred when the plaintiff was injured and how the defendant is liable for their injuries.
Premises liability injuries are sometimes quite severe, leaving the plaintiff with mounting medical bills and no way to pay them. With the help of a skilled lawyer, you could receive compensation for your medical bills and other damages. Make your appointment with an attorney by calling today.