Denver Premises Liability Lawyer

Have you been injured on someone else’s property in Denver? You may have been out shopping at a grocery store, or maybe you were visiting a friend’s home. Regardless of the exact nature of the accident, if you were hurt by a hazardous condition on a property, its owner or occupier could be responsible for the harm you’ve suffered. An experienced Denver premises liability lawyer with The Wilhite Law Firm can help you demand compensation for your medical bills, lost income, emotional distress, and other losses.

Since 1977, our firm has been proud to stand up for injured Coloradans, helping them secure the money they deserve for injuries that were someone else’s fault. We’re prepared to start work on your case at no upfront cost to you. Instead, we will charge a fee only if we recover compensation on your behalf. Contact us today for a free consultation with an experienced injury attorney, and let’s pursue accountability together.

What Is a Premises Liability Claim?

Premises liability claims arise when a person suffers injury due to an unsafe condition on someone else’s property. Under Colorado law, property owners must make sure their property is safe for lawful visitors. When a property owner fails to fix a dangerous condition on their property, they may be responsible for injuries caused to others by the hazard.

Premises liability claims encompass a range of scenarios, from slip and fall accidents caused by a wet spill in a restaurant or an icy sidewalk outside a retail store to injuries sustained from a broken step or exposed wiring in a building. Other scenarios that could fall under the category of premises liability include inadequate lighting or security in a parking garage or attacks from uncontrolled dogs on someone’s property. Contact our Denver premises liability attorney today.

Denver’s climate and aging infrastructure create a particularly high risk for premises liability incidents. Colorado’s freeze-thaw cycles leave sidewalks, parking lots, and building entryways dangerously icy for months at a time. Under Colorado Revised Statutes § 13-21-115 (known as the Colorado Premises Liability Act), property owners have a legal obligation to address known hazards, and that obligation does not pause in winter. 

Denver municipal code also places snow and ice removal responsibilities on property owners and occupants, meaning a failure to clear walkways within a reasonable time after a storm can constitute negligence. If you were hurt on an icy surface, a broken sidewalk, or any other hazardous condition on someone else’s property in Denver, the law may be on your side. 

Does Colorado Have a Premises Liability Law?

Under Colorado’s Premises Liability Act (PLA), property owners are responsible for keeping their property safe for others. When a person gets hurt due to an unsafe condition on someone else’s property, the owner may be responsible for their injuries.

Colorado premises liability law categorizes people injured on someone else’s property into three distinct groups:

1. Invitees – An invitee visits a property to conduct business in which both parties are interested. This typically includes customers who visit public establishments such as restaurants or stores. Property owners must use reasonable care to address hazards they knew or should have known of to protect invitees.
2. Licensees –  Licensees are granted permission to enter a property for their own purposes or convenience, such as social guests visiting a neighbor’s private property. Property owners must address dangers they have created or are aware of and warn visitors of any hazards not usually found on similar premises.
3. Trespassers – People who enter a property without permission are owed the lowest duty of care. Trespassers also include individuals who were previously invited onto the property but stayed longer than allowed or went into off-limit areas. While property owners are not generally liable for injuries sustained by trespassers, exceptions exist. For example, if a hazardous condition on a property is likely to attract and harm children (like an unguarded swimming pool), the property owner may be accountable. A property owner might also be liable for deliberately harming a trespasser.

Where Can Premises Liability Accidents Occur?

Premises liability accidents can occur in many places.

Some common locations premises liability injuries happen include:

• Supermarkets and grocery stores
• Retail stores and shopping malls
• Restaurants and bars
• Hotels, motels, and resorts
• Parking lots and garages
• Swimming pools
• Hospitals and nursing homes
• Construction sites
• Apartment complexes

What Conditions Could Cause Premises Liability Accidents?

Many hazardous conditions can lead to premises liability accidents, including:

• Wet floors
• Poor lighting
• Uneven or cracked flooring or sidewalks
• Icy sidewalks or walkways
• Broken steps or handrails on staircases
• Spilled food, drinks, or other substances on floors
• Merchandise left out in store aisles
• Curled-up rugs or flooring
• Torn carpets
• Faulty elevators and escalators
• Uncontrolled animals
• Inadequate security

Denver’s unique environment contributes to several of these hazards in ways that are worth understanding. Snow and ice accumulation at building entrances and on outdoor walkways is one of the most common causes of serious slip and fall injuries in the city. Property owners — including businesses along busy corridors like 16th Street Mall, Colfax Avenue, and in the RiNo and LoDo neighborhoods — are expected to monitor and address these conditions promptly. 

Older commercial and residential buildings throughout Denver may also present structural hazards such as deteriorating stairwells, aging electrical systems, and poorly maintained common areas that building owners are responsible for keeping safe.

What Injuries Can Result from a Premises Liability Accident?

Premises liability accidents lead to various injuries, ranging from minor to severe.

Common premises liability injuries 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)

Getting medical attention quickly after an accident is critical, even if you suspect your injuries are minor. Some serious injuries, like concussions and other TBIs, can be hard to notice at first yet pose life-threatening complications if not treated immediately. Prompt medical care helps the recovery process. Your medical records are also evidence demonstrating your injuries and their connection to the incident. Contact our seasoned premises liability lawyer in Denver today.

What Should I Do If I Have Been Injured on a Property in Denver?

If you’ve been injured on property in Denver or the surrounding area, you can take the following steps to protect yourself and your right to compensation:

• Document the incident. Take pictures of the accident scene and your injuries. Gather and save evidence such as torn clothing or damaged property and personal items.
• Report the accident. If the accident occurred on commercial property, request an incident report. Report public or private property accidents to the appropriate authorities or property owners.
• Identify witnesses. Collect contact information from anyone who saw the accident to corroborate your account of the accident.
• Get medical help. A doctor should assess your injuries, even minor ones, to ensure proper treatment and documentation.
• Preserve medical records. Save all medical records and billing statements. Keep a pain journal documenting the ongoing effects of your injuries.
• Say as little as possible. Be careful discussing the accident. Avoid admitting fault or talking about the accident with the property owner or insurers. Don’t post statements about the accident on social media.
• Contact a Denver premises liability attorney. A lawyer can review your case, advise you on your options, and pursue the money you deserve from the at-fault property owner.

Following these steps can help strengthen and protect your premises liability case from the start. Get in touch with our premises liability lawyer now.

Who Is At Fault for a Premises Liability Accident?

While premises liability claims typically focus on the property owner’s negligence, fault may extend to anyone whose negligence played a role in the accident.

Liable parties in a premises liability case may include:

• Property owners
• Property tenants
• Business proprietors and managers
• Maintenance personnel
• Cleaning crews
• Independent contractors

Why Denver Injury Victims Trust The Wilhite Law Firm

The Wilhite Law Firm has been representing injured Coloradans since 1977, which is longer than many law firms in this state have been in practice. That history means we bring decades of firsthand experience with Denver courts, local insurance carriers, and the specific challenges that premises liability cases in this city present.

We know how Denver property owners and their insurers respond to these claims, and we know how to counter their tactics. We understand the local ordinances that govern snow removal, building maintenance, and public safety, and we use that knowledge to build stronger cases for our clients. When you work with us, you are not getting a generic legal strategy. You are getting representation grounded in an intimate understanding of Denver’s legal landscape.

Our attorneys will handle every aspect of your claim, from investigating the scene and documenting the hazard to negotiating with insurers and, if necessary, taking your case to court. We fight for full compensation, and we do not stop until we have exhausted every avenue on your behalf.

Premises Liability FAQs

How much time do I actually have to take legal action after a property injury in Denver?

Colorado sets a two-year window from the date of your injury to file a premises liability lawsuit. Two years can feel like a long time, but evidence deteriorates, surveillance footage gets overwritten, and witnesses become harder to locate. The takeaway is that it is in your best interests to take legal action as soon as reasonably possible.

The property owner is claiming I was careless, too. Can I still recover anything?

Yes, you can, in most circumstances. Under Colorado’s modified comparative fault standard, your compensation will be reduced if you share some responsibility, but you can still recover as long as you are found to be less than 50 percent at fault. Do not let an early accusation of shared blame discourage you from pursuing what you are owed.

What should I expect once I hire The Wilhite Law Firm to handle my case?

We get to work immediately and decisively. We investigate the scene, gather evidence, identify all liable parties, and handle every interaction with the property owner’s insurance company so you do not have to. We will keep you informed at every stage and give you a clear picture of what your case is worth before any settlement decisions are made.

The insurance company has already reached out with an offer. Should I accept it?

Not before speaking with us. Initial offers from property insurers are almost always lower than what an injury victim is actually entitled to receive. Once you accept a settlement, you cannot go back for more, even if your injuries turn out to be more serious than initially understood. Let us evaluate the offer first to help you determine if it is fair and reasonable.

Does it matter whether my accident happened on a business property versus a private residence?

It can affect the legal standard that applies. Colorado’s Premises Liability Act treats invitees — such as customers at a business — differently from social guests at a private home. The duty of care owed to you depends on your legal status as a visitor, which is one of the first things we will establish when we review your case.

What Is Needed to Prove a Premises Liability Claim?

Pursuing compensation from property owners after being hurt on their premises can be challenging. The burden of proof is on you as the injured person – meaning that you can only recover compensation if you can prove the property owner was to blame for your injuries.

To build a solid premises liability lawsuit, you must show that:

1. The property owner owed you a duty of care as a lawful visitor on their property.
2. A condition existed on the property that posed an unreasonable risk of harm.
3. The property owner knew or should have known that the property was unsafe.
4. Despite knowing the property was dangerous, the owner failed to warn of or fix the unsafe condition.
5. The property owner’s failure to take steps to ensure safety caused your injuries.
6. The injury led to your losses that you are seeking compensation for through your claim.

What Types of Compensation Could Be Available for a Premises Liability Claim?

Compensation is intended to make up for the losses you incurred due to the accident and could account for the following:

• Past and future medical care, including emergency transportation, hospital stays, surgeries, rehabilitation, and ongoing treatment
• Lost income, including wages, salary, commission, tips, and bonuses you couldn’t make while you were too hurt to work
• Reduced income if long-term impairment affects your career prospects
• Pain and suffering for both the physical and emotional discomfort you’ve experienced
• Lost quality of life if your injuries affect your ability to perform everyday tasks and take part in favorite activities

Our dedicated premises liability attorneys in Denver can help you seek comprehensive compensation for the full extent of your injuries.

Is There a Deadline in Colorado for Filing a Premises Liability Lawsuit?

The statute of limitations establishes how long you have to file a lawsuit to recover compensation for your injuries. Colorado’s statute of limitations for premises liability cases is two years. This means you must file any lawsuit within two years of the date of the incident. If the deadline passes, the law bars you from bringing a claim for your injuries unless an exception applies. It is essential to contact a Denver premises liability attorney immediately to protect your right to pursue compensation.

Contact a Denver Premises Liability Attorney for Help With Your Case

If you were injured on someone else’s property, you may be entitled to compensation from them. An experienced Denver premises liability lawyer at The Wilhite Law Firm is here to help you demand that compensation, which could include money to pay for your medical care, offset your missing wages while you’re unable to work, and acknowledge the pain and suffering you’ve had to endure. Contact us today for a free consultation, and let’s get to work on your claim.