When you visit a store, doctor's office, or restaurant, you expect to enter a safe place. Unfortunately, many visitors end up slipping, tripping, or falling, and suffering an injury. If the injury was caused by the negligence of the property owner in keeping the property safe, then the owner should be held responsible. A premises liability claim may allow injury victims to recover compensation for their injuries. At Mandelaris Law, LLC, we fight for our clients to get the maximum compensation after a slip and fall accident.
Premises Liability Accidents in Colorado
When a property owner does not keep their property safe, it can put visitors at risk of an injury. The property owner may try and avoid responsibility by trying to place blame on the victim. However, it is the property owner's duty to keep the property in a safe condition. Many types of accidents can occur under premises liability, including:
- Tripping on broken concrete,
- Slipping on an icy sidewalk or parking lot,
- Falling over in a poorly lit stairwell,
- Automobile accidents occurring on private property,
- Burn injury,
- Electrical shock injury,
- Scalding injury,
- Dog bite injury,
- Elevator accident,
- Falling down stairs, or
- Slipping on food or a wet surface.
After a premises liability accident, the manager or owner may rush over to provide support and even apologize for the accident. However, when the bill comes in for the medical expenses, the property owner may reverse course and try and deny any responsibility. One of the benefits of having a premises liability lawyer on your side is that you have someone on your side to make sure you get the maximum compensation for your injuries.
Property Owner Responsibility
Property owners have a duty to others to keep their property in a safe condition. The duty of property owners is based on the type of visitor. In Colorado, premises liability is based on the relationship between the visitor and the property owner, as licensee, invitee, or trespasser. The lowest duty is to trespassers, who may recover only for damages willfully or deliberately caused by the landowner.
Injuries to Customers and Tenants
Under Colorado Revised Statute 13-21-115, “an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.”
An “invitee” is a person who enters the property for mutual business or where the public is requested, expected, or intended to enter or remain on the property. An invitee could include a customer, shopper, apartment tenant, patient at a doctor's office, or diner at a restaurant. These visitors should be able to expect the property owner would protect them against known dangers.
For example, a server at a restaurant spills a pitcher of water on the ground. The server is going to clean it up but gets busy with other work and forgets about the water spill. A customer walks into the restaurant and slips on the wet surface. The customer breaks their hip and has to get medical treatment. In this case, the restaurant may be liable because they did not protect the customer against the known danger of a wet floor.
Injuries to Guests
A “licensee" is a person who enters or remains on the land of another for the licensee's own convenience or to advance his own interests, pursuant to the landowner's permission or consent. This includes social guests, like friends coming over for a party or work colleagues invited to dinner.
A licensee may recover damages caused by the landowner's unreasonable failure to exercise reasonable care with respect to known dangers created by the landowner or by the landowner's unreasonable failure to warn of known dangers not ordinarily present. For example, the landowner may have to warn social guests of a broken step that the landowner knows about but a visitor would not normally expect.
Damages in a Premises Liability Lawsuit
A slip and fall injury can be expensive and take you off the job for weeks or longer. A premises liability injury lawsuit will allow you to recover damages for your injury. Damages in a personal injury lawsuit can include:
- Medical bills,
- Loss of income,
- Loss of earning capacity,
- Future medical treatment, and
- Pain and suffering.
Contact Denver Slip and Fall Accident Lawyer
If you were injured at a store, in an office, or on another's property, contact an experienced premises liability attorney to understand your rights. Call Mandelaris Law at (303) 357-9757 today and schedule a free initial consultation with our highly skilled Denver attorney.