The Fundamentals of Premises Liability Claims

Premises liability claims may stem from instances in which a property owner failed to provide a safe environment or did not make necessary repairs to correct a hazard. If you have been injured on someone else’s property, contact a slip and fall attorney in Arvada to talk about your claim.

Property Owners’ Duty of Care

Under the Colorado Premises Liability Statute, C.R.S. §13-21-115, a landowner owes a “duty of care” to people who enter his or her property. A duty of care is basically the landowner’s responsibility to maintain safe premises if he or she has a reasonable expectation of visitors on the premises.

Landowners fail to uphold their duty of care if they create or fail to rectify dangerous situations on their properties. Such dangerous situations could include wet floors not marked by a warning sign or excavating on a property and not blocking off the excavation hole. Letting conditions such as uneven flooring, water or gas leaks, or broken stairs go without repair when the property owner is aware of such conditions could constitute a breach in this duty and may warrant a premises liability claim.

Types of Visitors and Recreational Use Statute

The duty of care is only owed to visitors of certain statuses. For instance, trespassers or persons who go onto the landowner’s property without the landowner’s consent, are typically owed no duty of care. Colorado law specifies that trespassers may be entitled only to damages that the property owner intentionally caused.

Licensees are those who enter the property for their purposes or as a social guest with the permission of the landowner. Invitees include those who are invited onto the premises. This invitation may be implied in some cases, such as if a customer enters a store. If you are unsure of your status in your claim, contact a slip and fall attorney in Arvada who can review the circumstances.

Meanwhile, Colorado has a recreational use statute to encourage landowners to allow others to use some areas of land for recreational purposes. The statute limits the liability of landowners in the case of recreational use. So if you enter a property open to recreational use and are injured, your ability to sue the landowner through a premises liability claim may be limited by this statute.

Contact a Slip and Fall Attorney for Arvada Accidents

A lawyer can help you sort out your recreational use claim, your status as a visitor on the property on which you were injured or any other questions you might have regarding your premises liability claim. Contact an attorney at the Law Office of D.J. Banovitz for a free consultation. Call us today at 1-303-300-5060.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case.

D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.