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 premises liability attorney 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 charging a fee only if we recover compensation on your behalf. Contact us today for a free consultation with a Denver premises liability lawyer, 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.

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:

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.
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.
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 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

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.

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.

Who Is At Fault for a Premises Liability Accident?

While premise 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

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:

The property owner owed you a duty of care as a lawful visitor on their property.
A condition existed on the property that posed an unreasonable risk of harm.
The property owner knew or should have known that the property was unsafe.
Despite knowing the property was dangerous, the owner failed to warn of or fix the unsafe condition.
The property owner’s failure to take steps to ensure safety caused your injuries.
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

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 Lawyer

If you were injured on someone else’s property, you may be entitled to compensation from them. The experienced Denver premises liability lawyers at The Wilhite Law Firm are 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 for a free consultation, and let’s get to work on your claim today.