When you have been injured on someone else’s property, the physical and emotional trauma is only part of the struggle. Once you realize your injury could have been avoided if the property owner had taken reasonable care, the burden of mounting medical bills and lost income can feel frustrating. At Zobel Legal Group, our dedicated Denver premises liability attorneys represent people who have been injured due to the negligence of property owners, managers, and occupiers across Denver. We fight relentlessly to recover maximum damages through a settlement or trial verdict.
What is Premises Liability in Denver?
The Colorado Revised Statutes § 13-21-115 state that anyone who owns or manages a property has a duty to keep their premises in a “reasonably safe condition.” This means:
- Regular inspection and repairs of loose flooring, torn carpeting, uneven sidewalks, or broken handrails.
- Clearing out any snow build-up promptly and applying salt to icy areas.
- Making sure the parking lots, hallways, and stairwells are well-lit.
- Cleaning up spills as soon as possible and placing visible “wet floor” signs.
- Repairing broken elevators, escalators, potholes, and other hazards promptly.
- Keeping emergency exits unblocked by furniture or debris.
- Installing security cameras, hiring guards, or ensuring that locks and gates are functioning properly (if crime is a concern in the area).
If the home or business owner fails to take these appropriate measures, you can file a premises liability claim with their insurance company to recover any costs you have incurred because of your slip and fall accident.
Invitees, Licensees, and Trespassers in Denver Premises Liability
When you are on another person’s property, your legal status impacts the level of care the property owner or occupier owes you. Colorado premises liability laws classify visitors into three categories:
Invitees
If you enter a property with the owner’s express or implied invitation, you are considered an “invitee.” Landowners owe you the highest duty of care, i.e., they must take immediate steps to keep you safe from known and reasonably discoverable dangers. Invitees include:
- Customers in a retail store, restaurant, hotel, and other commercial establishment
- Clients or patients in a doctor’s office, lawyer’s office, or other professional service provider
- Employees at their workplace
- Visitors at public parks, swimming pools, or sports arenas
- Delivery drivers, postal workers, and couriers
- Plumbers, electricians, landscapers, and other service providers
- Attendees at a concert, festival, and any other public event held on private property
- Tenants and their invited guests in rental properties
- Passengers using public transportation
Licensees
Licensees are those who enter the property with the owner’s permission but for their own purposes, such as:
- Friends, family members, or acquaintances who are invited to a private residence for a social visit
- Door-to-door solicitors
- Neighbors who come over to borrow something or to chat
- Utility workers (e.g., meter readers) who have permission to enter
Property owners only owe a “moderate duty” to licensees. They must warn them of any obvious dangers, but the owner is not required to inspect the property for hazards or make repairs. You can still file a claim or sue the owner, but the legal bar for proving negligence is higher.
Trespassers
If you are a trespasser, the property owner owes you the least duty of care. They only need to avoid intentionally causing you harm. A successful lawsuit as a trespasser is more challenging, but there are exceptions, such as if the owner set up a hidden danger or knew that people frequently trespassed.
Can Children File Premises Liability Claims in Denver, CO?
Children, like adults, are owed a duty of care when they are on someone’s property. As a parent or legal guardian, you have the right to initiate a claim and seek compensation for injuries on your child’s behalf. This falls under the “attractive nuisance” doctrine, where landholders can be held liable if they fail to take extra precautions to protect children from easily accessible or unfenced/unsecured hazards that might attract them, such as:
- Swimming pools
- Trampolines
- Ladders and scaffolding
- Lawnmowers, generators, machinery, old appliances left outside
- Uncovered wells or cisterns
- Improperly stored chemicals or pesticides in sheds or garages
- Playground equipment in disrepair
Types of Denver Premises Liability Claims We Handle
At Zobel Legal Group, we have represented victims across Colorado in many premises liability cases involving:
- Unsafe Walkways: Slippery floors, cracked sidewalks, broken stair steps, loose railings or poorly lit paths causing trips and falls.
- Negligent Security: Insufficient lighting, malfunctioning locks, or lack of surveillance leading to assaults or thefts.
- Dog Bites/Attacks: When property owners fail to control or warn about dangerous pets.
- Swimming Pool Hazards: Unfenced pools, lack of warning signs, lack of supervision, or absence of safety measures around water.
- Falling Debris: Objects falling from shelves, buildings, or construction areas, resulting in injuries.
- Malfunctioning Elevators and Escalators: Mechanical failures or lack of maintenance causing accidents.
- Building Code Violations: Injuries from unsafe buildings, exposed wiring, or other violations of safety standards.
- Exposure to Harmful Substances: Contact with chemicals, mold, or other toxic materials due to property owner negligence.
- Fire Hazards: Injuries from faulty wiring, gas leaks, or lack of fire safety equipment.
- Untreated Icy Surfaces: Failure to remove ice or snow from paths, steps, sidewalks, entryways, and driveways.
- Mountain Trail Injuries: Accidents on private mountain trails due to lack of signage, no maintenance, or failure to warn of rockslides or steep drop-offs.
- Ski Resort Accidents: Injuries from poorly maintained ski slopes, faulty lift operations, or lack of safety barriers in areas managed by the resort.
How We Prove Negligence in Premises Liability Claims in Denver
Negligence in a premises liability case means that the defendant (property owner or the management company) did not take proper care to keep their property safe. To prove that they were negligent, our Denver premises liability lawyers will show that:
- They owed you a duty of care (as an invitee, licensee, or even a trespasser in some situations)
- They breached that duty
- Their failure directly led to the accident
- As a result, you were injured
After establishing these four elements, we will have to demonstrate an undisputable link between their behavior and your premises liability injury with quality evidence.
It should be noted that in Colorado, fault can be shared between parties under the modified comparative negligence law. If you share some blame for your injury, your compensation will be reduced by your percentage of fault. For example, if you were at a store and ignored a clearly visible “Caution: Wet Floor” sign, and you slipped and fell, the owner could argue that you should have been paying attention, making you 50% responsible for the injury. If you are 50% or more at fault, you may not recover any damages.
Key Evidence Our Denver Premises Liability Attorneys Gather to Prove Fault
Our premises liability lawyers in Denver recognize that stakes are high in these cases. If the other side’s insurance company is successful in proving that you are as much to blame as their policyholder, you will receive no monetary compensation. So, to build a solid claim, we collect exhaustive evidence, including:
- Photographs taken after the accident.
- Video evidence captured by the property’s security cameras and those from surrounding properties.
- Drone footage or 3D models of the property to visually reconstruct the accident scene.
- Digital records and timestamped metadata of maintenance activities.
- Third-party property inspection reports.
- Forensic analysis of the hazard to scientifically prove its dangerous nature.
- Expert testimony on the violation of Colorado building codes and safety standards.
- Email server logs, text messages, and social media posts proving prior knowledge of the hazard (that could also contradict official statements).
- Background checks on the property manager/owner to reveal any history of negligence.
- Records of prior lawsuits or settlements indicating a pattern of negligence.
- Budget and expenditure records showing underfunding/mismanagement of maintenance resources.
- Reports from the insurance company’s investigation (including assessments of liability and settlement recommendations).
- Forensic weather and meteorology reports (if outdoor conditions were a factor).
- Chronological documentation of prior inspections, complaints, and photos to show how the condition deteriorated over time.
Our Denver Premises Liability Lawyers Protect Your Right to Maximum Compensation
Compassionate Support
Our legal team can meet you at your hospital bedside, in your home, or at our office in Denver to listen carefully to your account of the events. Fluent in both English and Spanish, Denver liability law attorney Wade Zobel makes sure you feel heard and empowered every step of the legal process as we:
- Determine the appropriate legal grounds for your premises liability claim
- Gather the necessary evidence
- Coordinate with your healthcare providers
- Precisely calculate both your tangible losses (like medical bills and lost income) and intangible losses (such as pain and suffering)
- File the civil complaint and related paperwork
- Notify the involved insurance companies and engage in settlement discussions
- Handle any medical or insurance liens that could impact your final compensation
Facilitate the Best Injury Care for You
If you are facing obstacles in getting the treatment you need, allow us to help you access the best orthopedists, neurologists, surgeons, trauma specialists, physical therapists, and other facilities in Colorado. Documentation from renowned professionals validates the severity of your injuries, counters any claims that your injuries are exaggerated, and establishes the necessity of ongoing treatment for the highest possible compensation.
Timely Action to Secure Evidence
As soon as you contact us, our first step might be to send a spoliation letter or a protective order from the court to the defendants to preserve surveillance footage, maintenance logs, witness statements, and other critical evidence before it can be tampered with, altered, or lost over time.
Protection from Insurers’ Unfair Tactics
When the insurance company delays their response, challenges the extent of your injuries, or tries to blame you for the accident, our experienced personal injury attorney counters each of these strategies with the help of undeniable evidence. Count on us to dismantle their arguments and prevent them from taking advantage of you.
Trial Readiness to Negotiate Leverage
We come to the negotiation table armed with a compelling, evidence-based argument that leaves little room for the opposition to maneuver. We know we have the evidence to prove the clear liability of the responsible parties. However, we also build a trial-ready case from day one in case they refuse to cooperate. Our proactive stance signals to the at-fault parties and their insurance providers that we are fully prepared to go to court and may encourage them to agree to a fair settlement.
Choose a Leading Denver Premises Liability Attorney to Protect Your Rights
Zobel Legal Group, a trusted premises liability law firm in Denver has been advocating for the rights of injured victims in premises liability cases and other personal injury cases in Colorado for over a decade. Our property liability lawyer in Denver, Wade Zobel, has an exemplary record of achieving large settlements and verdicts for his clients. We offer legal representation on a contingency-fee-basis – you do not pay us anything until and unless we obtain compensation for you. Call us at 720-434-6674 or contact us online to schedule your free consultation.