Premises Liability In Colorado: What You Need To Know About Property Owner Responsibilities

Premises liability is the area of law that covers what happens when someone is injured on private or public property. All Colorado property owners have a legal duty to keep their premises safe for visitors. Their exact responsibilities are explained in the Colorado Premises Liability Act

Our team at Bachus & Schanker explains Colorado premises liability laws to help you get the compensation you deserve if you have been injured on someone else’s property.

What Is Premises Liability? 

Something as simple as unsafe flooring can lead to a premises liability lawsuit. The National Floor Safety Institute reports that half of all slip-and-fall injuries are the result of hazardous floors

Property owners aren’t always liable when an injury happens on their property. Premises liability laws dictate which injuries they can be held legally responsible for. The laws cover a broad range of scenarios, including these:

  • A slip-and-fall accident caused by a wet floor in the grocery store
  • An assault in a parking lot made possible by faulty security
  • An injury from debris falling at an open construction site
  • A swimming pool drowning caused by a lack of fencing  
  • A dog bite caused by an unlocked gate
  • An injury from a falling tree limb on neglected property
  • A trip and fall caused by an uneven sidewalk
  • An accident caused by broken steps

It is the responsibility of property owners to keep their properties in good repair and to take reasonable precautions to protect visitors. If they don’t, someone who is injured on their property can file a premises liability lawsuit. 

Statute Of Limitations For Filing A Premises Liability Lawsuit

Laws dictate who can file a legal claim for damages. They also cover the time frame allowed for filing a premises liability claim (the statute of limitations). In Colorado, the statute of limitations is two years from the time of the injury. 

Some exceptions apply to the two-year deadline. If the injured party didn’t discover their injury right away, the deadline may be extended. Mental incapacity is another reason to extend the limit. Claims involving minors can be paused until the victim reaches the age of 18. 

Finally, if fraudulent behavior contributed to an injury, the statute of limitations may begin when the fraud is discovered. 

The laws governing personal injury on private property are not simple. A personal injury lawyer can evaluate your case and explain your rights and options. 

Who Is Responsible For Maintaining The Safety Of A Premises?

Owners and occupiers of both private and commercial property are responsible for keeping their premises safe. This includes the interiors of stores, offices, and homes. It also includes the surrounding property, parking lot, and structures. 

The responsible party in a premises liability case could be a homeowner, a landlord, the owner of a retail store, or the owner of a construction site. Other parties who could be responsible include:

  • Contractors
  • Tenants
  • Property managers
  • Event organizers
  • Vendors 

Generally, liability for an injury falls on the organization or person who is responsible for the safety of activities being held on that land. 

Who Can File A Premises Liability Lawsuit?

Any visitor to a property may be entitled to file a lawsuit if they are injured. Visitors are divided into three categories, each with a different protection status:

  • Invitees: People who are welcomed to the property to conduct business, such as hotel guests, concertgoers, or store customers.
  • Licensees: Guests, such as visiting family members, friends, or others who’ve been invited for noncommercial purposes.
  • Trespassers: People who do not have permission or a legal right to be on the property.

Trespassers have fewer protections than licensees or invitees. However, they might successfully file a premises liability lawsuit if a property owner purposefully creates a hazard to harm them. 

An attractive nuisance can also make a property owner liable for a trespasser’s injury. Attractive nuisance laws typically apply only to minors. 

Here’s how it works: suppose a homeowner creates a potentially dangerous attraction on their property, such as a swimming pool. The homeowner should try to prevent children from accessing it. In this case, the homeowner might build a fence around the pool. If they don’t do this, they could be liable if a child is injured in the pool while trespassing. 

In rare cases, employees may also be eligible to file premises liability claims. Employees must usually pursue workers’ compensation claims if injured at work. However, premises liability laws might apply if an employee is injured while working on a site their employer does not own. 

Five Steps To Filing A Premises Liability Lawsuit

The first and most important step to take if you’ve endured a personal injury on private property after seeking medical attention is to consult a skilled premises liability attorney. The attorney can evaluate your case and determine whether it is valid. They can also estimate the amount of a potential settlement. 

The steps to filing a premises liability lawsuit include:

1. Investigate The Claim

The investigation phase can include collecting evidence, reviewing medical bills, and talking to experts about the facts of your case. 

2. Determine Liability 

Once all the evidence has been reviewed, an attorney can determine who is liable for the injury. The attorney must be able to show that a hazard existed and that the hazard led to your injury. 

3. Calculate Damages

Many factors are considered when calculating damages. You may ask for compensation for medical bills (including estimated future expenses), loss of wages, pain and suffering, and other losses. 

4. Negotiate A Settlement

Your premises liability attorney understands how insurance companies operate and can negotiate effectively with insurance representatives. A skilled attorney won’t agree to a settlement that doesn’t compensate you in full. 

5. Represent You In Court

Approximately 95% of personal injury lawsuits are settled outside of court. If a fair settlement cannot be reached, you and your attorney may choose to have the case heard in a court of law. 

The Bachus & Schanker Team Is Here To Help

At Bachus & Schanker, we are on your side. Our team of Victim’s Advocates is dedicated to helping injured clients on every level. Book a free consultation and ask our Colorado premises liability lawyers how we can help. 

Related Premises Liability Resources

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