Premises Liability

Premises Liability Lawyer in Colorado

When you visit someone else’s property, you expect that the property owner has taken steps to keep the property safe and free from hazardous conditions that might lead you to suffer an injury.

    If you have been injured due to unsafe or defective conditions arising from the property owner’s failure to maintain their property, you may be entitled to pursue a premises liability claim against the property or business owner to recover compensation for your losses.

    The Colorado premises liability lawyers of Earl & Earl, PLLC are ready to help you seek a financial recovery after being injured on another’s property through no fault of your own. Our attorneys have decades of combined experience and a proven track record of success in premises liability cases.

    At Earl & Earl, PLLC, we treat our clients like family. Our premises liability attorney strive to make ourselves available to communicate with our clients. When you work with us, you will always have direct contact with the attorney handling your case, never having to go through an assistant or secretary to get the answers and information you need.

    To learn more, contact Earl & Earl, PLLC today for a free initial case evaluation with one of our knowledgeable Colorado premises liability lawyers. We can discuss whether you may have a viable claim and how we can help you to pursue maximum compensation. Our goal will be to secure the resources you need to get back on track after a life-altering injury on another’s property.

    What Is Premises Liability?

    Premises liability refers to the class of personal injury cases involving injuries caused by a defective or unsafe condition on someone else’s property. Premises liability arises when the owner or occupier of the property where a visitor’s injury took place committed some act of negligence in their ownership or maintenance of the property.

    Just because you were injured on someone else’s property in Colorado does not mean that you have a premises liability claim. Negligence occurs only when your injury can be directly attributed to the property owner’s legal fault.

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    What Do You Have to Prove in a Premises Liability Claim?

    In a premises liability claim, you must first show that you were injured on someone else’s property.

    In most cases, you must also show that you were lawfully entitled or authorized to be on the property, as trespassers generally are not entitled to the protections of premises liability law in Colorado.

    Most importantly, you must prove that you were injured by some dangerous or defective condition of the property that was either created or allowed to exist due to the fault of the owner or occupier of the property. In other words, you must prove that the property owner knew of or should have known of the unsafe or defective condition of their property and failed to take reasonable steps to remedy it.

    Common Types of Premises Liability Cases We Handle

    At Earl & Earl, PLLC, our legal team can help you if you have been injured in premises liability accidents involving:

    • Slip and falls or trip and falls – Slip or trip and falls represent one of the most common types of premises liability incidents. While some slip and falls result in only a few cuts and bruises, these accidents can result in more severe injuries like broken bones or head/traumatic brain injuries.
    • Improperly maintained sidewalks – Property owners whose premises have sidewalks or paved walkways must ensure those pathways remain in good condition for pedestrians, including ensuring that the pavement is kept even and unbroken, and in Colorado, free of snow and ice during the winter.
    • Dog bites – Dog bites and dog attacks fall under the category of a premises liability accident or incident since dogs and other pets are considered part of their owner’s property. If a dangerous or vicious dog injures you, you may have a claim to compensation against the dog’s owner.
    • Construction site hazards – Construction sites are dangerous, particularly for passers-by who may not recognize the danger of a construction site and are not trained or equipped for construction hazards. An innocent bystander or passer-by injured on a construction site may have a premises liability claim against the site owner and contractors.
    • Negligent security – Commercial property owners may have an obligation to protect visitors from injury due to criminal or violent activity. When a property owner furnishes inadequate or negligent security – such as broken locks, poor lighting, lack of surveillance cameras, or ill-trained security officers – an innocent person injured by criminal or violent activity facilitated by the lack of adequate security may have a claim against the property owner.
    • Elevators and escalators – Building owners must regularly maintain elevators and escalators according to local, state, and federal standards. Poorly maintained and defective elevators and escalators can lead to trip and fall accidents or crush accidents.
    • Swimming pools – Owners and operators of swimming pools owe a duty to maintain them free of hazards that might cause accidents like a slip and fall, trip and fall, diving board accident or drowning. Property owners with pools should also secure them when not in use.

    No matter what kind of hazard on someone else’s property may have hurt you, our experienced Colorado premises liability lawyers can help you pursue a claim for compensation from the property or business owner at fault for your damages.

    How Can a Colorado Premises Liability Attorney Help?

    You shouldn’t have to pursue compensation for your injuries and losses after a premises liability accident or incident on your own. Let a Colorado premises liability lawyer from Earl & Earl, PLLC, help you to seek maximum compensation from those legally responsible for your injuries and losses by:

    • Going over the details of your case in a free initial review
    • Dedicating the time to understand your goals and needs so that we can build a personalized legal strategy aimed at the results you are looking for in your case
    • Collecting all available evidence from the accident and working with accident reconstruction and engineering experts as necessary to determine how your injuries occurred
    • Identifying parties that can be held legally responsible for your damages, along with all available sources of compensation, such as insurance coverage
    • Filing claims on your behalf and pursuing a resolution through a negotiated settlement that provides you with appropriate compensation for your past, ongoing, and future losses
    • When a fair settlement can’t be reached, preparing your case to go to court and advocating your claim to the judge and jury at trial, if necessary

    Our  premises liability attorney are dedicated to getting you the results you deserve in your case. With Earl & Earl, PLLC, you face no risk in working with one of our experienced Colorado premises liability attorneys on your claim. You will owe us no fees unless we recover compensation in your case.

    Compensation If You’ve Been Hurt on Someone Else’s Property

    In a premises liability claim, you may seek compensation for the losses that you have and will incur due to the accident that injured you. Types of compensation available in premises liability cases may include:

    • Medical treatment and rehabilitation expenses such as emergency room visits, surgeries, doctor’s appointments, physical therapy, medication, mobility or medical equipment, home health services, and other out-of-pocket expenses such as transportation to and from appointments and procedures
    • Lost wages and income if you miss time from work while recovering from injuries
    • Lost earning potential if your injuries leave you with permanent disabilities that impact your ability to work
    • Physical pain and emotional anguish caused by your injuries
    • Loss of enjoyment of life due to scarring and disfigurement, or due to difficulties with daily living or partaking in activities
    • Loss of consortium, which compensates your spouse for the loss of your companionship and intimate relations due to your injuries

    Contact our Colorado premises liability attorneys today at Earl & Earl, PLLC, to learn more about what kind of compensation you may be entitled to in your case.

    What to Do If You Are Hurt on Dangerous Property

    When you have been hurt due to dangerous or unsafe conditions on somebody else’s property, you should remember to take the following steps. They can help you to begin the process of pursuing a premises liability claim and protect your legal rights and options for seeking compensation for your injuries and losses:

    • Notify the property or business owner of your injuries. If you wait too long to report your accident, the property or business owner may try to argue that you were not injured on their property. If you are injured at a business or on commercial property, ask the company for a copy of any accident or incident report which they may fill out.
    • Get witness information. Ask any bystanders who may have witnessed your injuries if they can provide you with a short statement or give you their contact information so that you can reach out to them later.
    • Get camera footage. If any surveillance cameras may have caught your injury, ask the property owner to preserve the footage.
    • Take photos of the scene where you were injured. Try to capture any details that may have caused or contributed to your injury. Also, photograph any visible injuries you may have suffered.
    • Get examined by a doctor as soon as possible. A doctor can diagnose all the injuries that you have suffered. If you can promptly create a medical record of your injuries, it will help you if the other party argues that a pre-existing condition caused your injuries or they occurred after the incident on their property.
    • Keep a journal. Begin with your recollection of what happened in the accident that injured you. You should also document your recovery from your injuries, including the difficulties your injuries and treatment may cause for your personal and professional life.
    • Avoid discussing your case on social media. Insurance companies may try to use your social media posts to challenge your premises liability injury claim. For example, if you claim that you have been disabled from work, opposing parties may try to use photos or videos of you hiking to argue that you are not as injured as you claim.

    Finally, you should contact a Colorado premises liability lawyer at Earl & Earl, PLLC to go over the details of your case and learn more about your next steps in the process of pursuing a compensation claim.

    How Long Do You Have to File a Premises Liability Lawsuit in Colorado?

    After you have been injured due to a hazardous condition on someone else’s property, Colorado’s statute of limitations requires you to file suit within two years of the date of your injury. However, the statute of limitations for minor children does not begin to run until a child’s 18th birthday. So, a child may have two years from their 18th birthday to file a premises liability lawsuit.

    If you are injured on state or local government property and wish to bring a premises liability claim against the government, Colorado law requires that you first provide notice of your case to the agency within 182 days.

    Failing to timely file the required notice or your lawsuit opens you up to the risk that the at-fault property owner will ask a court to dismiss your claim, regardless of the merits of your case. A dismissal could cause you to lose your right to compensation for your injuries.

    Talk to a Premises Liability Lawyer in Colorado Springs Now

    If you have been hurt on somebody else’s property, contact a Colorado premises liability attorney at Earl & Earl, PLLC today for a free, no-obligation consultation. Our firm has conveniently located offices in Colorado Springs, Castle Rock, Grand Junction, Denver, and Pueblo. We are standing by to discuss the details of your case. Call us today.

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