How to Prove Negligence in a Denver Premises Liability Case

Premises liability law holds property owners accountable for injuries that occur due to hazardous conditions on their property. It may seem straightforward: You were injured on someone else’s property, so they should be responsible. However, premises liability cases are much more complex, and fair compensation may be extremely difficult to obtain on your own.

To prove negligence in a Denver premises liability case, you should hire a personal injury lawyer who can establish that the property owner knew or should have known about the danger and failed to address it.

Property owners must take reasonable steps to keep visitors safe. If they fail to do so, and someone is injured, the property owner may be liable. Proving liability requires thorough evidence, legal skill, and an understanding of Colorado’s premises liability laws.

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What Is Your Legal Status Under Colorado’s Premises Liability Act?

The “duty of care” or legal responsibility a property owner owes depends on the legal classification of the visitor. Colorado law recognizes three categories:

• Invitees: These individuals enter the property for business or commercial purposes, such as customers in a store or tenants in an apartment complex. Property owners owe invitees the highest duty of care, meaning they must actively inspect their premises and address any hazards promptly.
• Licensees: This category includes social guests or individuals visiting for non-commercial reasons. Property owners are required to warn licensees about known dangers but are not necessarily obligated to conduct routine inspections to uncover hazards. For instance, you visit the home of an acquaintance for a party. They have a rotting deck and you lean against an unstable railing and fall. The homeowner could be held liable for the injuries you suffer in the accident.
• Trespassers: If someone enters a property without permission, the owner owes them minimal duty of care. However, property owners cannot intentionally create dangers that cause harm, such as setting traps.

What About Children?

Colorado law also considers the attractive nuisance doctrine, which applies when a hazardous condition is likely to attract children. Property owners must take additional precautions to secure areas that pose a risk, such as swimming pools, abandoned buildings, or machinery. If a child trespasses and gets injured because of an unguarded danger, the property owner may still be liable.

Common Types of Premises Liability Accidents

Premises liability accidents can happen anywhere, but some places see a higher level of accidental injuries caused by negligence. Denver’s winters contribute to an uptick in premises liability cases every year. Snow, ice, and wet conditions make sidewalks, parking lots, and entryways hazardous.

Some examples of locations in and around Denver where injury accidents commonly occur are:

Slip and Fall Accidents

Slip and fall accidents are among the most common premises liability claims. These accidents can happen anywhere, anytime, but Denver’s winters make icy sidewalks, parking lots, and building entryways particularly hazardous. Under Denver’s ice and snow removal laws, property owners must take reasonable steps to remove snow and ice and warn visitors of slippery conditions.

Ski Resort and Mountain Lodge Accidents

Colorado is home to some of the country’s best ski resorts, but these locations also present unique risks. Accidents can result from poorly maintained ski lifts, inadequate signage marking dangerous terrain, or failure to warn guests about avalanche risks.

Negligent Security

Inadequate security can lead to assaults, robberies, and other violent crimes on a property. If a property owner fails to install proper lighting, maintain security cameras, or hire security personnel in high-risk areas, they may be liable for injuries resulting from criminal activity. These precautions are especially relevant in parking garages, gas stations, apartment complexes, and hotels.

Falling Objects and Structural Hazards

Buildings, construction sites, and retail stores must ensure that shelving, signage, and ceilings are properly secured. Falling objects, broken stairs, unstable balconies, and deteriorating ceilings can cause head injuries, broken bones, and even fatal accidents. In older buildings, property owners must also address issues like faulty wiring and weak support structures to prevent injuries.

Swimming Pool Accidents

Unsecured swimming pools are particularly dangerous, especially for children. Without proper fencing, locked gates, and clear warning signs, a property owner may be liable for drownings or injuries. Additionally, slippery pool decks and malfunctioning drains can create additional hazards for guests.

Dog Bites and Animal Attacks

Under Colorado dog bite laws, pet owners can be held liable if their dog or other animal attacks and injures someone. If an animal is known to be aggressive, the owner has a responsibility to restrain it or warn visitors. Dog bite cases can be complex, especially when they occur on private property or in shared community spaces.

Escalator and Elevator Accidents

Faulty escalators and elevators can cause severe injuries, including crushed limbs, falls, and entrapment. Property owners and building managers must regularly inspect and maintain these machines to prevent malfunctions and ensure passenger safety.

Fires and Electrical Hazards

Poorly maintained electrical systems, overloaded circuits, and blocked emergency exits can contribute to serious injuries or fatalities. Property owners are responsible for ensuring that fire alarms, extinguishers, and emergency lighting function properly to protect tenants, employees, and visitors.

Parking Lot and Sidewalk Accidents

Parking lots are often overlooked as hazardous areas, but they present multiple risks, especially in Denver’s harsh winter months. Snow and ice accumulation can create slippery surfaces, leading to serious falls. Additionally, poor lighting, faded or missing crosswalks, and lack of proper signage can put pedestrians at risk of being struck by vehicles.

How Your Lawyer Must Prove Negligence in a Premises Liability Claim

Proving negligence in a premises liability case isn’t as simple as just showing that you got hurt. You need to show that the property owner didn’t take reasonable steps to prevent your injury. This means gathering evidence to prove that the owner should have known about the hazard and failed to fix it. Lawyers use four key points to establish negligence:

Responsibility to Keep the Property Safe

Property owners are expected to keep their spaces safe for visitors. For example, if you go to a grocery store, the owner should make sure the floors aren’t slippery, the aisles are clear of obstacles, and the parking lot is well-lit. If someone is invited into a home, the homeowner should fix broken stairs or warn visitors about hazards. This duty varies depending on the visitor’s status and the nature of the property.

Failure to Fix or Warn About Dangers

If a property owner knows about a danger and does nothing to fix it or warn people, they may be held responsible for injuries that occur. For example, a property owner could be held liable for their failure to fix a broken stairwell, clear icy walkways, or provide adequate security in a high-crime area when those conditions lead to someone getting hurt.

The Hazard Must Have Caused the Injury

To have a successful case, your attorney must show that the dangerous condition directly caused your injury. If you slip on an unmarked wet floor in a restaurant and break your arm, the wet floor must be the reason you fell. If the business owner knew about the wet floor and failed to clear it or warn visitors about it, then it may be easier to prove negligence. However, if you tripped because you were looking at your phone and not paying attention, proving negligence might be harder.

Proving the Injury Caused Real Harm

Finally, you need to show that the accident caused you actual harm. This could include medical bills, lost wages, and pain and suffering. If you slipped and only suffered a minor bruise, it may not be enough to file a legal claim. But if you broke a bone or suffered a head injury that required treatment, you may be eligible for compensation.

Evidence Needed to Prove Negligence in a Denver Premises Liability Case

Building a strong claim for damages involves gathering and interpreting every piece of evidence that supports your case. Evidence in premises liability accidents may include the following:

Surveillance Footage and Photos

Security cameras or personal photos can capture unsafe conditions before or after an accident. This visual evidence is crucial in demonstrating the property owner’s negligence.

Witness Testimonies

Statements from bystanders, employees, or other visitors can support your claim. Witnesses can verify the presence of hazards and whether the property owner was aware of the danger.

Incident Reports

Filing a complaint with property management or local authorities creates a record of the accident. This documentation can be valuable in establishing liability.

Medical Records and Expert Testimonies

Medical reports link the injuries to the hazardous condition. Testimony from doctors and accident reconstruction specialists can strengthen your case.

Property Maintenance Records

Records of prior complaints, repair logs, or maintenance failures help demonstrate a pattern of negligence.

Damages

Proof of medical bills, lost wages, and emotional distress highlights the financial impact of the injury.

Legal Challenges in Denver Premises Liability Cases

Premises liability cases are rarely straightforward. Even when it seems clear that a property owner was negligent, several legal challenges can arise that may complicate your claim.

Property owners and their insurance companies often push back, arguing that they were not responsible for the hazardous condition or that the injured person shares some or all of the blame.

Colorado law has specific rules that can impact the amount of compensation a victim can receive or whether they can file a claim at all.

Comparative Negligence in Colorado

Colorado follows a modified comparative negligence rule, meaning that if you are found partially responsible for the accident, your compensation is reduced by your percentage of fault. If the court finds you 50% or more at fault, you may not be able to recover compensation.

This legal principle makes working with a lawyer essential to building a strong case demonstrating that the property owner was responsible for the accident. Experienced premises liability attorneys anticipate these defenses and work to counter them with clear evidence, such as security footage, maintenance records, and witness statements.

Statute of Limitations for Filing a Claim

Colorado’s statute of limitations limits the amount of time a person has to file a premises liability lawsuit. Victims generally have two years from the date of the accident to take legal action. If the case involves a motor vehicle, such as a pedestrian injured in a parking lot due to unsafe conditions, the statute of limitations extends to three years. Missing this deadline can mean losing the right to seek compensation entirely.

Don’t delay seeking help from an experienced premises liability attorney. Waiting can result in lost evidence, fading witness memories, and difficulties proving the extent of the injuries.

Proving Property Owner’s Knowledge of the Hazard

One of the biggest legal hurdles in a premises liability case is proving that the property owner knew or should have known about the hazardous condition but failed to take action. Property owners and their legal teams often claim that they were unaware of the danger or that the accident was unavoidable.

To establish liability, attorneys use various forms of evidence, such as:

• Maintenance records showing whether the property owner regularly inspected the premises
• Security footage capturing the hazard before the accident occurred
• Incident reports filed by previous visitors or employees about the same hazard
• Witness testimonies from people who saw the dangerous condition before the injury happened

For example, if a person slips on an icy sidewalk outside a business, a lawyer may investigate whether the business had a regular snow removal policy, whether employees had previously reported the hazard, and whether the property owner ignored weather warnings about ice buildup.

Challenges with Insurance Companies

A lot of people believe that insurance companies are on their side; that they will do the right thing and pay them fairly for all their damages and losses. Unfortunately, that is seldom, if ever, true.

Insurance companies prioritize profits over payouts. They may contact you soon after an accident and offer you a settlement. They know you may be hurting and financially drained, and they take advantage of your vulnerability to settle with you quickly, before you understand the scope of your damages and losses.

Unfortunately, many accident victims accept these initial offers not realizing they are far lower than what they should receive. Those who try to negotiate usually find that insurance adjusters will minimize their claim, disputing the severity of their injuries or their need for medical care. The insurer may try to shift blame for the accident onto the victim or deny the claim outright.

When you work with a premises liability lawyer, you let them handle the insurance adjusters. They will negotiate your claim for the best possible outcome. If the insurer refuses to settle fairly, your attorney can file a premises liability lawsuit and take your case to court.

Types of Compensation in a Premises Liability Case

If you became injured on someone else’s property, you may be entitled to various forms of compensation. Damages in premises liability cases fall into two main categories: economic and non-economic, with additional considerations for punitive and wrongful death damages in severe cases.

Economic Damages

Economic damages cover financial losses related to the accident, including:

• • Medical expenses
  • Lost wages
  • Reduced earning capacity

• Property damage

Non-Economic Damages

These damages compensate for the personal impact of the injury, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

Punitive Damages

In cases involving gross negligence or reckless behavior, the court may award punitive damages. These serve to punish the property owner and deter similar misconduct.

Wrongful Death Damages

If a premises liability accident results in death, the victim’s family may seek compensation for:

• Funeral and burial costs
• Loss of financial support
• Loss of companionship and emotional suffering

Contact a Denver Premises Liability Lawyer Today

If you suffered injuries on a dangerous property in Denver, Colorado Springs, or anywhere in Colorado, contact Fuicelli & Lee today at (303) 444-4444 or online for a free case evaluation.

Our premises liability lawyers have a long and proven track record of obtaining life-changing settlements and verdicts for clients, including many who have been injured in premises liability accidents. We know how much you have at stake and we’re here to help you determine whether you have a viable claim and what your best legal options are.

Our personal injury law firm works on a contingency fee basis, which means you pay no upfront costs or attorney fees unless we reach a successful outcome in your case.

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