Premises Liability


Premises liability is a form of law that holds a property owner liable for injuries to visitors. When you go to the store, eat at a restaurant, or visit someone’s home, you should not have to worry about suffering an injury and then paying for your medical bills. Property owners should be held accountable for the hazards that cause injuries to visitors. A Denver premises liability attorney from Mandelaris Law can examine your case and help you recover compensation for your injuries.

Types of Visitor Legal Statuses

There are three types of legal statuses of visitors to properties and they include the following:

  • Trespasser: Someone who enters a property without the consent of the landowner. This person is not allowed on the property. A trespasser can also be someone who once had permission to be on the property, but has remained after the permission was revoked.
  • Licensee: Someone who is permitted on a person’s property for their own benefit and includes those who are social guests.
  • Invitee: Someone who is on a person’s property to conduct business that includes the invitee and the property owner, or is there because the public was invited.

The legal status of a person injured on someone else’s property will be determined by a judge using different factors present at the time of the incident that caused the injury. Those factors include the following:

  • The circumstances that led to the injured person being on the property
  • The way in which the property was being used by the visitor
  • If the accident could have been foreseen
  • If the landowner was ready or willing to warn the visitor of any hazards present

Damages Available for Each Legal Status

Each legal status has different damages available you can claim when injured on someone else’s property.

  • Trespasser: Only damages deliberately caused by the property owner can be recovered
  • Licensee: Only damages caused by a hazard known by the property owner that they failed to fix or failing to warn the visitor of a known hazard
  • Invitee: Only damages caused by the property owner’s failure to use reasonable care to protect the visitor against known dangers

Common Premises Liability Cases

The most common types of premises liability cases result from the following:

  • Dog bites
  • Slip and falls
  • Falling from heights (deck or porch)
  • Drowning
  • Stepping on a nail or screw
  • Slippery sidewalks from ice, snow, or water

Who Can be Named in a Lawsuit for Premises Liability?

Aside from the landowner, the following can be named in a lawsuit for premises liability:

  • Property managers
  • Vendors
  • Tenants
  • Contractors
  • Event planners
  • Any other person or company responsible for the property’s conditions or activity taking place on the property

What is an Attractive Nuisance?

Under premises liability law, Colorado has an attractive nuisance doctrine. An attractive nuisance is defined as anything that can draw the attention of a child. Common attractive nuisance items include the following:

  • Outdoor playground equipment
  • Swimming pools
  • Discarded appliances
  • Rainwater collection basins
  • Power lines
  • Construction sites
  • Abandoned vehicles
  • Railroad tracks and train cars

To hold a property owner accountable for an injury to a child, all five of the following items must be proven:

  1. The property owner should have known that a child could have trespassed on their land
  2. The condition of the property could cause serious harm or death to a child
  3. The child who visited the property was too young to realize the risk of the dangerous condition(s) present
  4. The cost to fix the hazardous condition is minimal compared to the risk it poses to a child
  5. The property owner failed to take the proper steps to rectify the situation

Call a Denver Premises Liability Attorney Today

Were you injured on someone else’s property as a guest? If so, you deserve to be compensated for your injuries. Let a Denver premises liability attorney from Mandelaris Law build a case in your favor. Contact our office at (303) 357-9757, or complete our contact form to schedule an appointment today.