Fort Lupton Premises Liability Lawyer
Premises liability accidents cover a broad range of incidents and can include cases as simple as a slip and fall or as complex as construction accidents. These accidents arise when a person is injured or killed on someone else’s property due to unsafe or dangerous conditions. Premises liability can apply to private or public property, including office buildings, private residences, and restaurants. Due to the diversity of the location and type of injuries, not all cases involving premises are handled in the same manner.
Consult with a Fort Lupton premises liability lawyer today for the legal guidance you need to recover damages from the injury. By retaining the services of a trusted injury attorney, you may be able to get the justice you deserve.
Types of Premises Liability Injuries
The most common premises liability accidents are slip-and-fall injuries, dog bites, and swimming pool accidents. Dangerous property conditions like wet or slippery surfaces, broken tiles, broken windows, missing handrails, and inadequate lighting can cause substantial injuries to visitors. Premises liability injuries may also be the result of inadequate building security that can lead to injury or assault.
Property owners are required by law to maintain their property and to protect visitors from injury, and an owner’s failure to remedy known problems or to warn visitors of potential hazards can lead to severe injuries. For the property owner to be liable, the visitor must be on the property lawfully and using the property as intended. If a visitor is injured while trespassing or acting in a dangerous, careless, or unauthorized way, the property owner will likely not be held liable. The most common types of premises liability injuries are spinal cord injuries, burns, broken bones, traumatic brain injuries, and neck and back injuries. Fort Lupton premises liability attorneys understand how to navigate the many nuances of a premises liability case.
Colorado Premises Liability Laws
Under Colorado’s premises liability statute, C.R.S. §13-21-115, an injured person may sue the landowner for the injuries suffered while on the property and be entitled to compensation. Landowners owe different standards of care to individuals depending on their legal status as an invitee, licensee, or trespasser.
- Invitee – someone who is invited, directly or indirectly, to enter or remain on the premise (Ex: customers, restaurant patrons)
- Licensees – someone who is invited for a purpose other than a business or commercial use (Ex: houseguest)
- Trespasser – someone who enters a property without the implied or express permission of the owner
Filing a Premises Liability Claim in Colorado
To bring a cause of action for a premises liability in Fort Lupton, the injured party must show that the defendant owed them a duty, was negligent and failed to act as a reasonable person would in a similar situation. Negligence requires that the defendant owed a duty of care to the plaintiff, breached that duty of care, and that the breach caused the plaintiff injuries and damages.
If the plaintiff is partially at fault for the injury, Colorado law allows recovery for damages as long as the plaintiff was not 50 percent or more at fault for the injury. Colorado also has a two-year statute of limitations requiring a plaintiff to file a premises liability lawsuit within two years of the time incident occurred. The type and amount of damages depend on many factors, including the severity of the injuries and the circumstances of the accident. Damages commonly awarded in a premises liability claim include compensation for medical expenses, lost wages, and pain and suffering.
Connect with a Fort Lupton Premises Liability Attorney
A Fort Lupton premises liability attorney can take the necessary steps to establish your rights under the law, to discover evidence of a landowner’s failure to keep you safe, and to measure your losses to demand appropriate compensation. There is a limited time to pursue your case following injury. Contact a Fort Lupton attorney today to learn about your legal options.