Property owners are generally responsible for maintaining reasonably safe conditions on their premises to prevent others from injuries and other harm. This concept of premises liability applies in many different settings, including private homes, retail stores, hotels, restaurants, and more.
Claims of premises liability may result from injuries involving a slip and fall, dog bites, exposure to toxic materials, as well as other hazardous property conditions. A property owner may be legally responsible for financially compensating those injured while visiting their premises. After seeking medical attention, individuals should consult with a Fort Carson premises liability lawyer to evaluate their incident. Our dedicated team of personal injury attorneys could help you take legal action if you suffered losses because a property owner failed to maintain a safe premises.
Colorado Revised Statute §13-21-115 is meant to protect the injured, promote overall responsibility among property owners, and to control the cost and availability of insurance.
This law also clarifies the definition of a land or property owner. It states that a landowner is the party that exercises control over the premises and has responsibility for its conditions or activity. Additionally, this person could either possess the property or act as an “authorized agent.”
When determining whether a property owner is liable for an individual’s injuries, it is first necessary to decide on this person’s classification or relationship to the owner as either an invitee, licensee, or trespasser. An experienced Fort Carson lawyer could assess a premises liability case and determine if an individual may be eligible to receive compensation based on their status as a visitor.
An invitee is an individual that enters a property to conduct business that is of mutual interest to both parties. The owner is aware of or expects that an invitee will enter their premises. Some common examples of invitees include employees or customers.
A licensee is an individual that enters the property to further their interests. The property owner has permitted this individual’s entrance. Some common examples of these people may include social guests and volunteers.
A trespasser enters the property without the permission of the owner. Trespassers cannot pursue compensation for injuries incurred unless that landowner had deliberately contributed to their injury.
All property owners have a legal duty to maintain their premises and to monitor for any potential hazards that may arise on their property. If a proprietor does find a dangerous condition on their property, they also have an obligation to either fix this hazard or warn their visitors of its existence. However, there is a subtle distinction between the landowner’s duty as it relates to invitees and licensees.
One of our knowledgeable attorneys in Fort Carson understands these legal nuances in premises liability cases and could determine if a property owner failed to meet their legal obligations.
Proving a property owner’s responsibility for your injuries can be challenging. Therefore, if you suffered injuries on another person’s property you should consult with an experienced Fort Carson premises liability lawyer that is well-versed in this specific area of practice.
You may be eligible to obtain compensation for medical bills, property losses, pain and suffering, and much more. To get started on your case, call today.