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Denver Premises Liability Attorney

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Business and property owners have a responsibility to maintain safe conditions on the properties under their control. Whether the property is a residence, business, or construction site, owners and managers are obligated to ensure a safe environment for those who lawfully visit them. When you suffer an accident on someone else’s property, negligent owners and managers can be held responsible for subsequent injuries through premises liability law. A Colorado Premises Liability Lawyer can help you explore your legal options and recover compensation for your losses.

Why Choose Fuicelli & Lee

The knowledgeable Denver premises liability attorneys at Fuicelli & Lee have extensive experience in these types of cases and are committed to fighting on your behalf for the justice and compensation you deserve. We are experienced and respected trial attorneys, to the extent that other law firms routinely come to us for legal counsel and partnership opportunities.

To discuss your case during a free initial consultation, call (303) 444-4444 today. We offer virtual case management and proudly serve clients across the state of Colorado. Se habla español.

On this page, we discuss:

What Is a Premises Liability Claim?

Premises liability is an umbrella term that describes a wide range of incidents associated with real property. It refers to the legal responsibility of property owners and managers for injuries sustained by individuals on their premises. Homeowners must provide a hazard-free environment for visitors. Business owners must ensure their property is reasonably safe for customers and employees.

Colorado premises liability laws, specifically the Colorado Premises Liability Act (Colorado Revised Statutes § 13-21-115), dictate the conditions under which property owners can be held liable for injuries due to negligence.

In a Colorado premises liability case, injured parties may pursue compensation for their losses for injuries sustained on a negligent person’s property as long as they can prove property owner negligence and their case meets other the requirements of the law.

An experienced personal injury attorney will be knowledgeable about what factors may influence your case and can create a comprehensive strategy around your legal claim that seeks to optimize your recovery.

Common Hazards in Premises Liability Claims

A variety of unsafe conditions can lead to personal injury. Some of the most common property hazards include:

  • Inadequate warning signs
  • Wet floors
  • Snow-covered entryways and icy sidewalks
  • Poor lighting
  • Locked fire exits
  • Faulty wiring
  • Broken handrails
  • Dark parking lots
  • Abandoned buildings
  • Building code violations
  • Inadequate fencing to keep children away from danger

If a property owner knew about these conditions and failed to warn a licensee or invitee about them, they could be responsible for future accidents as well as potential premises liability lawsuits.

Seasonal Hazards and Premises Liability in Denver

Denver’s weather often creates hazards that demand extra attention from property owners, especially during late fall, winter, and early spring. Heavy snowfalls, sudden temperature drops, freezing rain, and thawing ice present risks that property owners must address to ensure the safety of their visitors. Failing to do so can quickly transform a property into a danger zone.

Common Seasonal Hazards

Icy sidewalks and driveways: After a snowstorm, sidewalks, driveways, and parking lots often become coated with ice. Municipal laws in Colorado typically require property owners to clear snow and ice within a reasonable timeframe to prevent injuries. When property owners neglect this duty, walkways and other areas can become treacherous.

Tracked-in snow and water: Entryways can become slippery when snow and rain are tracked inside by visitors. Without adequate floor mats or immediate cleanup, these areas pose a significant risk of slip and fall accidents.

Icicles and falling snow: Inconsistent snow removal from roofs can result in overhanging icicles or accumulated snow, which can fall onto unsuspecting pedestrians below. Property owners should routinely inspect and address these hazards.

Melt-and-freeze cycles: In spring, daytime thawing and nighttime refreezing create recurring patches of ice, particularly in shaded areas. Property owners must be vigilant in managing ice on their property to prevent accidents.

Property Owners’ Legal Responsibilities

Colorado premises liability laws require property owners to take reasonable steps to address foreseeable weather-related risks. Some measures property owners can take include:

Prompt snow and ice removal: Walkways, parking lots, and other common areas should be cleared of snow and treated with salt or sand to prevent ice formation.

Preventative measures indoors: Absorbent mats, proper drainage, and visible caution signs can help reduce the risk of accidents caused by tracked-in snow and water.

Routine inspections: Property owners should frequently check for leaks, puddles, or ice patches around their property. They must address these issues immediately to prevent injuries.

Roof maintenance: Property owners must inspect and maintain roofs to prevent snow accumulation, icicle formation, and water leaks that can affect both visitors and pedestrians near the property.

Snow Removal Laws in Denver and the Metro Area

Denver, Aurora, Littleton, Castle Rock, Lakewood, Westminster, and other Denver metro communities have their own ordinances requiring property owners to clear snow and ice from sidewalks and walkways within a specific timeframe after a snowfall.

In Denver, businesses must begin clearing sidewalks as soon as the snow stops, while residential property owners have until the following day. Failure to comply can lead to fines, with businesses facing penalties within four hours of receiving a violation notice and homeowners within 24 hours.

Colorado law also prohibits property owners from pushing snow onto public roadways, which can create additional hazards like icy ruts, poor drainage, and obstructed visibility. It’s up to property owners to understand their local requirements and responsibilities.

Anyone injured because of a property owner’s failure to clear snow and ice within the legal timeframe may have the right to file a premises liability claim. Such claims can help recover compensation for medical expenses, lost wages, and other damages caused by unsafe conditions.

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Premises Liability Cases and Construction Accidents

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Construction sites are among the most dangerous work environments today. Not only is the job itself physically demanding, but there are also countless ways in which an injury can occur, even when the proper precautions are taken. Unfortunately, many construction accidents are caused by the negligence of general contractors, property owners, or manufacturers of faulty equipment who fail in their duty to ensure a safe workplace.

Construction workers are not always offered the protection mandated by law. They are frequently placed in hazardous work environments by their superiors, and safety regulations are often ignored in order to keep the job moving and keep costs low. No matter the circumstances of your accident, our passionate construction accident attorneys are eager to hear your story. We have the knowledge and experience necessary to help you maximize your compensation.

Common causes of construction accidents include:

  • Heavy equipment accidents
  • Fire hazards or explosions
  • Vehicle accidents
  • Exposure to toxic materials, fumes, or asbestos
  • Collapsing trenches
  • Electrical hazards and accidents
  • Lead poisoning
  • Slip and fall accidents
  • Uneven or faulty stairwells
  • Defective construction equipment or tools

Understanding Third-Party Construction Accident Claims

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Construction site workers cannot typically sue their employer for damages after an accident. Instead, they are limited by worker’s compensation benefits, which only cover lost wages and medical bills; even then, these are only a portion of the true damages.

When parties apart from the employer are responsible for accidents, third-party claims may be filed. Third-party claims are important because worker’s compensation offers only a fraction of the value of the losses incurred by construction accident victims and their families. Damages such as loss of consortium, pain and suffering, and the financial strain inflicted on the worker and his or her family are not covered, leaving victims thousands of dollars short of what they truly deserve.

Third-party claims are legal claims against third parties who were at fault or partially at fault for construction accidents, not employers. To have a valid premises liability claim, the third party’s negligence must have contributed to the injury in some way.

You can receive worker’s comp from your employer and still seek action against a third party for further damages. This is a common and effective strategy in construction accident cases and a way an experienced premises liability lawyer can help maximize the value of your compensation.

Before filing for worker’s compensation or accepting an additional settlement offer, it’s crucial to discuss your situation with our construction accident attorney to ensure your best interests are protected, and all of your current and future needs are being met.

Slip and Fall Accidents

Slips, trips, and falls are all too common, and their subsequent injuries can adversely affect your health, finances, and future well-being. If you slipped and fell because of the negligence of a property owner or manager, you may have a claim to seek compensation for your injuries.

For example, if you slipped and fell on an icy sidewalk outside a business and sustained a head injury, you may be able to hold the property owner liable if they failed to clear the ice within a reasonable timeframe or ignored city regulations requiring prompt removal of snow.

While every case is different, a property owner may be liable for your injury-related losses if they:

  • Failed to warn of existing or potential hazards
  • Knew about hazardous conditions and failed to fix them
  • Contributed to your injury through action or inaction

Slip and fall accidents can occur almost anywhere: private homes, workplaces, restaurants, stores, amusement parks, and more. Determining liability in these cases can be extremely difficult without the guidance of an experienced slip-and-fall lawyer.

The skilled attorneys at Fuicelli & Lee understand the complexities of premises liability cases and are committed to helping you obtain the full and fair compensation you need and deserve.

Common Causes of Slips, Trips, and Falls

Top 100 lawyers ColoradoSlips, trips, and falls are often identified by how they occur. Some examples include:

  • Wet and slippery floors: Liquid spills and tracked-in snow must be cleaned immediately to ensure the safety of visitors. Once floors are adequately mopped, warning signs should be positioned to alert people of potential dangers.
  • Icy sidewalks: Colorado winters can be dangerous for pedestrians. Frigid temperatures, heavy snowstorms, blustery winds, and freezing rain can all pose serious risks for people traveling on foot. Property owners must ensure that their sidewalks are safe for pedestrians in all conditions and seasons, including winter.
  • Cluttered floors: The risk of slipping and falling increases greatly when floors are cluttered. Clutter can include trash, supplies, equipment, store merchandise, or other debris that creates a walking hazard.
  • Damaged stairs and floors: Falls can happen any time a walking surface shifts under someone’s weight while they are climbing stairs or crossing a floor. Broken handrails, torn carpets, and loose floorboards all pose significant risks.
  • Inadequate lighting: Insufficient lighting makes it difficult to identify obstacles or changes along walking surfaces or stairs. Passing from a well-lit area into darkness can also create a momentary loss of vision that may lead to a fall.

Dog Bites

Denver premises liability lawyer

Cases involving dog bites are complex and require the knowledge and skill of an experienced dog bite attorney to prove liability. While many states employ either a “strict liability” or “negligence” rule for dog attack claims, Colorado uses a blend of the two. Strict liability is used in cases where a bite victim is lawfully on private or public property when the attack occurred and suffered serious bodily injury or death as a result. This applies even if the owner isn’t aware that the dog may act aggressively.

Serious bodily injury includes:

  • Fractured or broken bones
  • A significant risk of death
  • A significant risk of permanent disfigurement
  • A significant risk of body-function impairment, including organs

Strict liability only applies in cases that involve injuries directly related to bites. If you have been hurt by a dog because it knocked you down, you may seek compensation through a negligence-based lawsuit. Negligence rules may also be used in dog bite cases where the subsequent injuries are not considered serious.

Elevator and Escalator Accidents

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Thousands of people are harmed in escalator and elevator accidents every year in the U.S. Many of these injuries and deaths are the result of preventable negligence. If you’ve been hurt on an escalator or elevator, the experienced personal injury attorneys at Fuicelli & Lee can help you hold the responsible party or property owner liable for their negligent actions.

There are a number of ways in which an elevator or escalator can cause injury. Some of the most common examples include:

  • Crushing accident: This can occur when an elevator platform collapses.
  • Electrocution: This is more likely to harm those who install, maintain or repair escalators or elevators.
  • Entrapment: This can happen when clothing or body parts are trapped in the moving elements of an elevator or escalator.
  • Falling accident: This can include falling down an elevator shaft or down an escalator’s moving stairs.
  • Counterweight accident: This can occur when an individual is struck by an elevator’s counterweights.

Numerous factors can contribute to these dangerous conditions, such as:

  • Escalator or elevator design defects
  • Elevator carriage misalignment, in which an elevator stops above, below, or in between floors
  • Elevator pulley or door malfunctions
  • Faulty wiring
  • Failure to repair, maintain or inspect elevators and escalators
  • Improper repair, maintenance, or installation of elevators and escalators

A Denver Premises Liability Lawyer Can Help You Seek Compensation

At Fuicelli & Lee, our clients are our top priority. When representing you in a premises liability claim, we’ll do everything in our power to maximize your compensation and protect the best interests of your future and family. Potential compensation in premises liability cases includes:

  • Medical bills (current and future)
  • Lost wages (current and future)
  • Cost of assistance for daily life activities
  • Pain and suffering
  • Diminished quality of life
  • Burial and funeral expenses (in wrongful death cases)

If a property owner’s negligence contributed to your injury, we will thoroughly investigate your claim to determine all sources of potential compensation and pursue these diligently on your behalf.

Schedule Your Free Consultation | Denver Premises Liability Lawyers

Denver Premises Liability Lawyer, Keith Fuicelli

If you suffered injuries on dangerous property in Denver, Colorado Springs, or anywhere in Colorado, contact Fuicelli & Lee today online or at (303) 444-4444 for a free case evaluation. Our firm works on a contingency fee basis, which means you owe no attorney fees unless we reach a successful outcome in your case.

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Client Testimonials

“What a pleasure it is to tell you about Lori Tolle, Esq. with Fuicelli & Lee. An experienced negotiator and strategist, Lori handled my injury case with skill, persistence and compassion. She displayed the highest levels of integrity and professionalism. Despite all the obstacles my case presented, she achieved an excellent settlement. Lori is what a former New Englander like myself would call a “wicked good” lawyer. Thank you and congratulations Lori Tolle! Fuicelli & Lee is an amazing company with an unwavering dedication to their clients. I would not hesitate to recommend them in the future.” – Donna C. ⭐⭐⭐⭐⭐

“I had previously worked with another law firm after a premises accident resulted in multiple injuries and two different surgeries. What I learned from the experience is that it’s IMPERATIVE you do your due diligence and work with a firm that has a proven track record in personal injury representation. After my first law firm lost their personal injury attorneys, Fuicelli & Lee came on board two years post-accident to represent me with only a few months before scheduled mediation. During this time, Fuicelli & Lee had a very short time frame to secure expert witnesses, do case management clean up and get my case back on track. I can’t say enough good things about Krislene Lorenz and Lori Tolle. Krislene poured over documents and had a better understanding of my case in one month than the prior firm did in two years. Lori’s negotiating skills helped secure a sizable settlement that provides financial security for myself and my family. I wish I could put into words the profound gratitude I have towards Krislene and Lori for all the hard work, dedication and integrity they demonstrated throughout my case. I know I came in a little suspicious after a difficult transition from my first law firm but Krislene never treated me with anything other than respect and patience. They are honest, ethical, and extremely hardworking. I can’t recommend them enough! With that being said, I would tell anyone to learn from my mistake. I am so grateful Fuicelli & Lee were able to step up and assist me in the way they did. I should have never engaged a firm to begin with that didn’t specialize in personal injury exclusively. I would have saved myself a ton of stress and unnecessary anxiety had I just started with Fuicelli & Lee to begin with!”  Melanie – ⭐⭐⭐⭐⭐
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Fuicelli & Lee, PC – Denver Office

1731 Gilpin Street
Denver, CO 80218
P: (303) 444-4444