What are the Elements of Premises Liability in Colorado?
Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In Colorado, proving a premises liability case requires establishing specific legal elements.
If you or a loved one has been injured due to a property owner's negligence, you should consult with an experienced premises liability lawyer in Colorado to build a strong case. Your attorney can prove the key legal elements of premises liability and ensure you receive the full compensation you are entitled to for your injuries and losses.
Legal Element # 1: Duty of Care – Responsibilities of Property Owners in Colorado
The first element in a premises liability case is establishing that the property owner or occupier owed a legal duty of care to the injured party. As per premises liability law in Colorado, this duty varies based on the status of the visitor:
Invitees: These are individuals who enter the property for the benefit of the owner, such as customers in a store. Property owners owe the highest duty of care to invitees, which includes regularly inspecting the property and addressing any potential hazards.
Licensees: These are social guests or individuals who enter the property with the owner's permission but not for a commercial benefit. Property owners must warn licensees of any known dangers that are not obvious.
Trespassers: These are individuals who enter the property without permission. Property owners owe the least duty of care to trespassers, but they must refrain from willfully causing harm.
Legal Element # 2: Breach of Duty – How Property Owners Can Fail in Their Responsibilities
The second element involves proving that the property owner or occupier breached their duty of care. This can occur in several ways, such as:
Failure to Inspect and Maintain: The property owner did not conduct regular inspections or failed to maintain the property, leading to unsafe conditions.
Ignoring Known Hazards: The owner was aware of a dangerous condition but did not take appropriate action to fix it or warn visitors.
Creating Dangerous Conditions: The property owner or their employees created a hazardous condition that led to the injury.
Legal Element # 3: Causation – Linking the Property Hazard to Your Injury
The third element is establishing causation, which means proving that the breach of duty directly caused the injury. This requires showing a clear link between the unsafe condition and the accident that resulted in harm. Evidence that can help establish causation includes:
Accident Reports: Documentation of the incident detailing the hazardous condition and how it caused the injury.
Photographs and Videos: Visual evidence of the unsafe condition at the time of the accident.
Witness Testimonies: Statements from individuals who witnessed the accident or can attest to the hazardous condition.
Legal Element # 4: Damages – The Actual Impact of Your Accident
The final element is proving that the injured party suffered actual damages as a result of the accident. Damages can include:
Medical Expenses: Costs for emergency care, surgeries, hospital stays, rehabilitation, and ongoing medical treatment.
Lost Wages: Compensation for income lost due to the inability to work as a result of the injury.
Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
Property Damage: Costs to repair or replace personal property damaged in the accident.
Steps to Take After a Colorado Premises Liability Accident
Get Medical Attention: Ensure that you receive immediate medical care for any injuries sustained.
Document the Scene: Take photographs and videos of the hazardous condition and the surrounding area.
Report the Incident: Notify the property owner or manager and file an incident report if available.
Collect Witness Information: Gather contact details and statements from any witnesses.
Keep Records: Maintain all medical records, receipts, and documentation related to the incident for filing premises liability claims in Colorado.
Consult an Attorney: Contact an experienced premises liability attorney to evaluate your case and guide you through the legal process.
How an Experienced Colorado Lawyer will Prove the 4 Legal Elements of Premises Liability Cases
Proving Legal Duty of Care
Establish Visitor Status: Attorneys determine whether the injured party was an invitee, licensee, or trespasser. This status influences the level of duty owed by the property owner.
Document Property Ownership or Control: Lawyers gather evidence, such as property records or lease agreements, to show that the defendant had control over the premises and thus owed a duty of care.
Proving Breach of Duty
Collect Evidence of Hazardous Conditions: Attorneys gather photographs, videos, and physical evidence of the dangerous condition that caused the injury.
Obtain Maintenance Records: Reviewing maintenance logs, inspection reports, and repair records can show whether the property owner neglected their duty to maintain safe conditions.
Establishing Causation
Accident Scene Investigation: They can conduct a thorough investigation of the accident scene to collect evidence that links the hazardous condition directly to the plaintiff’s injury.
Witness Testimonies: Your lawyer will gather statements from witnesses who can describe the conditions at the time of the accident and confirm that the hazard caused the injury.
Expert Testimonies: Lawyers may use expert witnesses, such as safety inspectors or accident reconstruction specialists, to explain how the hazardous condition led to the injury.
Proving Damages
Medical Records and Bills: They can collect detailed medical records, treatment plans, and bills to document the extent of the injuries and the costs associated with medical care.
Lost Wages Documentation: Your lawyer will gather pay stubs, tax returns, and employer statements to show your lost income and reduced earning capacity due to the injury.
Pain and Suffering Evidence: They may use personal statements, psychological evaluations, and pain journals to demonstrate the physical and emotional impact of the injury.
Future Medical Needs: They will provide expert testimony and medical projections to establish the need for future medical care and associated costs.
Choose a Resourceful and Capable Colorado Premises Liability Lawyer to Maximize Damages
If you suffered a premises liability injury, Zobel Legal Group is here to protect your rights and hold the negligent parties accountable. Attorney Wade Zobel has built a reputation in standing up for the underdog and ensuring maximum compensation. To request your free, no-obligations consultation, call us at 720-434-6674 or complete this online contact form.