Common Premises Liability Injuries In Colorado And How To Pursue A Claim
If you sustain an injury caused by a dangerous condition on another person’s property, you may have grounds for a premises liability lawsuit. The property owner may be required to compensate you for the damages you incurred due to the injury.
At Bachus & Schanker, we help injured persons by helping them hold negligent property owners accountable. Call our Colorado personal injury lawyer today to exercise your rights.
Personal Injury Lawyers » Practice Areas » Colorado Premises Liability Lawyers » Common Premises Liability Injuries In Colorado And How To Pursue A Claim
Examples Of Premises Liability Accidents In Colorado
Several types of premises liability claims exist, depending on the circumstances that result in a victim being injured. Here are six examples of premises liability accidents:
Slip-And-Fall Accidents
The factors that can contribute to slip-and-fall accidents include:
- Wet or slippery floors
- Spills on the floor
- Uneven floors
- Poor lighting — a dimly lit stairwell or poorly lit parking area
- Poorly maintained stairs — a staircase with uneven stairs, missing/broken steps, loose handrails
- Loose or torn rugs
- Failure to put signages to warn visitors of hazards
A property owner who fails to inspect their premises for potential slip-and-fall hazards and correct them can be considered negligent.
You can sustain serious injuries in a slip-and-fall accident, including broken bones, head injuries, bruises, spinal cord injuries, traumatic brain injuries, cuts and lacerations, and back injuries.
Elevator And Escalator Accidents
You can be involved in an elevator or escalator accident caused by a fall (when an elevator or escalator suddenly stops or rises, causing you to fall or when you use one with a broken or missing handrail). A gap between the elevator floor and the landing floor that exceeds the permissible value can lead to your foot getting trapped when entering or leaving an elevator, resulting in a dangerous fall. Other causes of elevator and escalator injuries are electric shocks and the door closing on you.
An elevator or escalator accident can result in soft tissue injuries, broken bones, crushed limbs, sprains and strains, cuts and lacerations, and traumatic brain injuries.
A property owner who does not regularly inspect and maintain their elevators and escalators puts visitors at risk.
Swimming Pool Accidents
Home and business owners with swimming pools should be extra careful to avoid accidents. The common factors that contribute to swimming pool accidents are:
- Slippery or uneven surfaces around the pool
- Failure to properly secure the pool area
- Faulty diving boards — one that’s incorrectly installed or installing one over water that’s too shallow
- Failure to warn visitors of potential hazards
- Failure to provide lifesaving equipment
- Poor water quality
If you are injured in a swimming pool or contract an illness, you can hold the property owner liable. Drowning is another common ground of premises liability cases involving swimming pool accidents.
Dog Bites And Animal Attacks
A dog owner in Colorado is strictly liable for serious bodily injuries or death caused by their dog. Thus, if you are bitten by someone else’s dog on their property, you can hold them responsible. The strict liability principle does not consider the dog’s history. The property owner may be held liable even if they didn’t know their dog was capable of attacking.
Colorado law also protects victims of other animal attacks on another person’s property. If you were attacked by a horse, cat, or any other animal with vicious or dangerous tendencies, and the owner knew of those tendencies but failed to use reasonable care to prevent potential injuries or damages, you can take legal action against the owner.
Negligent Security
If a residential or commercial property owner fails to provide adequate safety measures to protect their tenants or visitors from harm, they may face a premises liability case on the grounds of negligent security. For example, if you are a victim of a crime in a hotel or are robbed or assaulted in your apartment complex due to poor security measures.
Amusement Park Accidents
Amusement parks are required to keep their guests and rides safe. If an amusement park owner breaches this duty of care and you sustain an injury, you can file a claim against them.
Steps To Pursue A Premises Liability Lawsuit
To pursue a premises liability case, you need to follow these steps:
Seek Medical Help
You should seek immediate medical attention when injured on someone else’s property. Not only does this ensure you receive treatment, but it also helps you professionally document the existence and severity of your injuries.
Report The Incident To The Property Owner
It’s crucial to notify the property owner of the accident. You can do this verbally before seeking medical help and then submit a written notice afterward. Your notice should explain what happened, the hazardous condition that caused the accident, the location of the accident, and the injuries you sustained. Keep a copy of the notice for documentation purposes.
Gather Evidence
If possible, before leaving the accident scene, take photos and videos of the hazardous condition and any visible injuries you may have. You should also obtain contact information from witnesses. If you can’t take photos and videos, you can ask a witness to help you while you seek medical help. They can forward them to you.
File A Legal Claim Against The Property Owner
After completing the above steps, you can file a claim against the property owner. To win your case, you need to prove the property owner is legally responsible to compensate you. To do this, you need to show:
- Your status on the property — Were you an invitee, licensee, or trespasser?
- You sustained injuries and damages on the property owner’s property due to a hazardous condition.
- The property owner knew about the danger on their property (or, as a person using reasonable care, should have known about it).
- The owner failed to use reasonable care to protect against the danger on the property.
- Their failure was the cause of your injuries and damages.
The Importance Of Consulting With An Experienced Premises Liability Attorney
If you are injured on someone else’s property, you should consult with an experienced premises liability attorney as soon as possible. Your attorney can help you gather the evidence to build a strong case.
Furthermore, they can help you navigate the complex legal process of premises liability cases, help you understand Colorado premises liability laws, and prove that the property owner was negligent.
Additionally, dealing with insurance companies can be complicated. Most insurers use tactics to lower or deny payouts. Luckily, experienced premises liability attorneys are skilled in handling negotiations.
Your lawyer can help maximize your compensation by helping you prove the property owner owed you a duty of care, they breached that duty of care, the breach of duty of care caused your injuries, and your injuries have resulted in damages, such as medical bills, lost wages, and pain and suffering.
Schedule A Free Consultation Today
The premises liability lawyers at Bachus & Schanker are dedicated to helping people injured on the properties of negligent owners. Contact us for a free case evaluation to determine the best angle from which to approach your case and, in turn, seek the compensation you deserve.
Related Premises Liability Resources
You Deserve Fair Compensation
Don’t let the insurance companies intimidate you into accepting less than you deserve. We’re ready to fight for you.