Premises Liability & Foreseeable Harm
Nov. 16, 2022
Under Colorado law, property owners are required to keep their property in a reasonably safe condition for guests and visitors who are lawfully on the premises. However, if a person becomes hurt due to the property's unsafe condition – and the property owner knew or should have known about it but failed to act – they may be held liable for the person's injuries. An experienced Colorado personal injury attorney can enlighten you about how the foreseeable harm standard affects your premises liability claims.
At Landry Law, P.C., we're poised and ready to support and represent clients in their premises liability cases. As your legal counsel, we can review and investigate every aspect of your unique situation, help establish liability and foreseeability, and explore your options to seek damages. In addition, our reliable team will fight compassionately for your best interests and help you recover the maximum possible compensation for your injuries. We're proud to serve clients across Lone Tree, Trinidad, Castle Rock, Denver, Castle Pines, and Douglas County, Colorado.
Premises Liability in Colorado
Premises liability can be described as a legal concept which is usually employed in personal injury cases where a person becomes hurt while lawfully on someone else's property as a result of the property's unsafe, defective, hazardous, or dangerous conditions.
Under Colorado premises liability laws, an injured person – licensee or invitee – may be eligible to file legal action against a property owner or landowner for injuries sustained while on the property due to the unsafe situation or hazardous defect of the premises.
Statute of Limitations
The statute of limitations for premises liability claims in Colorado is two years from the date of the premises-related injury. This means that you must commence legal action to seek compensation for your injuries within two years of getting hurt on the property.
Foreseeable harm involves any possible harm, injury, or accident in which a reasonable person can anticipate or predict the adverse implications of their actions. With respect to negligence law, every individual has a legal duty to act in a reasonable manner so as to avoid foreseeable risks of physical harm or injury to others.
How It Applies To Premises Liability
As previously mentioned, property owners and landowners in Colorado owe a legal duty of care to keep their property reasonably safe from hazards and dangerous conditions. To determine whether a property owner owes the victim a duty, some incidents may be considered "foreseeable."
For example, a property owner may be able to foresee that:
A broken water pipe could result in water leaks and flooding.
Naked electrical wiring can electrocute visitors in the home.
A broken staircase can make a guest slip and fall.
A slippery floor or surface can make a person fall and hurt themselves.
Inadequate property maintenance could cause potential injuries to guests.
According to Colorado law, it is the responsibility of the property owner to keep the premises in a safe condition by fixing any of these issues or providing warning signs. If a property owner causes foreseeable harm to a licensee or invitee, they will be held liable for their victim's injuries.
Examples of things that would be foreseeable include:
Accidents caused by someone's negligent or careless actions
Injuries caused by rescuers
Ordinary negligence of medical professionals
Examples of things that might not be foreseeable:
Intentional torts of third persons
Criminal acts of third persons
Acts of God
A trusted attorney can investigate every detail of your case, identify the negligent property owner, establish foreseeability, and help recover your rightful compensation.
Private Property vs. Public Property Claims
It is possible to sustain a premises-related injury on a private property (such as a residential apartment, grocery store, or local supermarket) or public property (such as public playgrounds, public libraries, or theme parks).
Generally, private and public property negligence is considered to be similar in premises liability cases. Whether you were injured on private property or on public property, you may be eligible to pursue compensation from the negligent property owner, neighbor, store manager, or government entity.
Possible Recoverable Damages
The following damages may be recovered by filing a premises liability claim in Colorado:
Medical expenses, including costs of future medical treatment
Lost wages and other benefits
Lost earning capacity
Scarring or disfigurement
Pain and suffering
An experienced premises liability attorney can help file your claims, negotiate a fair settlement with the insurance company, or take additional legal action.
Seek Trusted Legal Guidance
If you were hurt on another person's property, you may seek fair compensation. Contact Landry Law, P.C. today to schedule a simple case assessment with an experienced personal injury attorney. Our firm proudly represents clients throughout Lone Tree, Trinidad, Castle Rock, Denver, Castle Pines, and Douglas County, Colorado.