Boulder Premises Liability Lawyer
Premises liability is a legal route to compensation for injuries sustained on someone else’s property. Whether the accident occurred on a commercial property like a restaurant or at a neighborhood dinner party, you may be entitled to compensation if you were hurt at no fault of your own. Do not wait to speak to an attorney.
At the Wilhite Law Firm, we are proud to help our clients understand their rights and secure compensation for their injuries. Our skilled attorneys have recovered over $1 billion in compensation for hundreds of clients. Having handled numerous premises liability cases across the state, we are ready to handle yours. If you were injured on someone else’s property, contact the Wilhite Law Firm today for a free consultation with an experienced Boulder premises liability lawyer.
What Is a Premises Liability Claim?
Again, premises liability claims are available when you have been injured on someone else’s property. This kind of case is normally brought as a specialized kind of negligence claim. Negligence claims begin with the premise that we each owe a duty to use “reasonable care” to avoid harming others. To prove negligence in the context of premises liability, plaintiffs must prove that they were injured because a property owner failed to keep their premises reasonably safe for visitors.
Note that property owners are not liable for all injuries on their property. A person injured on someone else’s property due to their own negligence — for instance, drinking irresponsibly — will not automatically receive compensation from the property owner. That said, if you were injured because someone negligently failed to keep their property in a reasonably safe condition, you may be entitled to substantial compensation for your injuries.
What Is the Colorado Premises Liability Act?
Colorado premises liability cases are governed by a law known as the Premises Liability Act (PLA). This law defines the standard of care owed by property owners based on their relationship to different kinds of visitors to their property. Specifically, the law groups visitors into three categories:
- Invitees – An invitee is someone who visits a property “to transact business in which the parties are mutually interested.” For example, customers who visit businesses open to the public (for example, restaurants and stores) generally fall into this category. An invitee can recover compensation when the landowner fails to use reasonable care in addressing hazards they know or should have known about.
- Licensees – A licensee is an individual with the property owner’s permission to enter their land “for the licensee’s own convenience or to advance the licensee’s own interests.” For example, someone visiting a neighbor’s property for a dinner party would likely fall into this category. A licensee can recover compensation when the landowner fails to protect visitors from known hazards or warn visitors about hazards that are normally not present on the premises.
- Trespassers – A trespasser is someone who enters a property without the owner’s consent. This includes visitors previously invited to enter a property but who remain on the property longer than permitted or who enter off-limit areas. A trespasser “may only recover damages willfully or deliberately caused by the landowner.” However, an important exception exists for injured children who trespass because they are enticed onto the property by a hazard likely to attract children (for example, an unguarded pool).
Who Can Be Held at Fault in a Premises Liability Lawsuit?
Though premises liability focuses heavily on who owns the property where the accident took place, the owner is not always the only person liable for resulting injuries. Anyone whose negligence contributed to the accident may ultimately be liable. This may include:
- Property owners
- Property tenants
- Business owners and managers
- Maintenance and cleaning crews
- Independent contractors
- Any third party whose actions gave rise to the accident
Our attorneys are ready to evaluate your case and identify all potential sources of liability. Call the Wilhite Law Firm today for a free consultation. The Wilhite Firm has some of the best personal injury lawyers in Boulder.
What Are Some Common Types of Premises Liability Cases?
The defining characteristic of a premises liability claim is that the underlying accident occurred on property owned by someone other than the plaintiff. Beyond this trait, premises liability cases are as diverse as the properties they arise on. Common factors that may lead to premises liability include:
- Corrosive chemicals and toxic fumes
- Exposed electrical wiring
- Fire hazards
- Negligent security personnel
- Poorly maintained elevators
- Poorly maintained handrails and guardrails
- Poorly trained or unrestrained animals
- Unguarded swimming areas
- Unlit stairwells
- Wet floors and icy walkways
What Are Common Premises Liability Injuries?
As with any accident, injuries in a premises liability case can vary widely. In all cases, it is important that you seek medical attention as needed. First, this will make sure you receive the treatment needed to begin recovering from the accident. Second, the treatment records created by your doctor and other medical professionals will serve as important evidence in your case. Common injuries that may give rise to premises liability include:
- Broken or dislocated bones
- Bruises, lacerations, and puncture wounds
- Burns and electrocutions
- Dental trauma
- Internal organ damage
- Permanent scarring or disfigurement
- Psychological trauma
- Soft tissue strains, sprains, and tears
- Spinal cord injuries (SCIs)
- Traumatic brain injuries (TBIs)
What Compensation Is Available in a Premises Liability Injury Lawsuit?
Compensation in each premises liability case will vary widely depending on the nature and severity of your injuries. Among other things, you may be compensated for:
- Hospital bills and doctor bills
- Physical therapy and chiropractor bills
- Lost income (present and future)
- Lost earning capacity
- Pain and suffering
- Loss of companionship
- Emotional distress
What To Do When You Are Injured On Someone Else’s Property?
If you were injured on someone else’s property, consider taking these basic steps to protect your right to compensation:
- Report the Accident – Report the accident to the appropriate parties and authorities. In some cases, it may be necessary to call the police. In others, it may be sufficient to notify the landowner, business owner, or property manager.
- Document the Accident – Visually document the scene of the accident and your injuries using photographs and videos. This kind of evidence can be crucial in proving negligence.
- Identify Witnesses – If witnesses were present at the scene, collect their contact information. If possible, also gather their recorded statements.
- Seek Medical Attention – Seek medical attention as needed. In some cases, you will need immediate medical assistance. Other situations may be less urgent. When in doubt, seek medical attention.
- Preserve Medical Records – Preserve all medical treatment and billing records. This key evidence will later be used to determine the appropriate compensation based on the severity of your injuries and the cost of treating them. Also, consider keeping a “pain journal” in which you document the day-to-day discomfort resulting from your injuries.
- Be Cautious When Discussing Your Case – Be very cautious when discussing the accident with potential at-fault parties, as well as their insurers. Do not admit fault or accept settlement offers before consulting with an attorney. Further, avoid making public statements (for example, on social media) about your accident and injuries. Anything you say can later be used against you in litigation.
- Consult With an Attorney – Your personal injury attorney will be your most trusted ally when seeking compensation for your injuries. An experienced attorney will help you understand your rights, navigate the law, and strategize the most effective path toward maximum compensation.
Contact a Boulder Premises Liability Injury Lawyer Today
If you were injured on someone else’s property at no fault of your own, you are likely entitled to compensation. Let the premises liability lawyers at the Wilhite Law Firm put their experience to work for you. Call today for a free consultation. Contact our Boulder accident lawyer today.
