When a property owner fails to maintain a reasonably safe premises, this can lead to disastrous injuries suffered by visitors. A proprietor should be held accountable in these situations. However, pursuing legal action for injuries suffered on another person’s property can be difficult without an experienced personal injury attorney.
Fortunately, a Monument premises liability lawyer could help you throughout the claims process if you sustained bodily harm on another person’s property.
A property owner owes a duty of care to anyone who enters their premises. According to Colorado Revised Statute §13-21-115, a landowner may include the owner or agent of the property, as well as any person legally responsible for the condition or activities conducted on the premises.
When a proprietor does not meet this legal obligation, they may be considered negligent in the court of law. A Monument property liability attorney could establish negligence on the property owner’s part by demonstrating:
In some situations, an injured party may be partially to blame for their accident. State law allows these individuals to still recover as long as they are 49 percent or less at fault for their injuries. In these cases, a judge may reduce their compensatory award by their percentage of fault. For instance, if an injured person’s actions contributed to 20 percent of the accident, they may recover only 80 of their total damages.
While state law imposes a duty of care on all property owners, the level and type of duty of care depend on the reason the claimant entered the property. A Monument lawyer could review a premises liability case and determine how an injured party’s claim may change based on their legal classification on their property.
An invitee is someone who the landowner invited onto the property. Invitees may include customers and patrons of restaurants. An owner owes the highest degree of duty of care to invitees. Property owners must remove any dangerous obstructions, ensure their pathways are lit properly, and take other measures to maintain a reasonably safe premises.
A licensee is someone who enters the property for their enjoyment, such as a house guest. A homeowner owes a licensee a duty of care to rid their home or property of any reasonably potential or foreseeable dangers.
A trespasser is someone who is on a property without permission. The duty of care a property owner owes to a trespasser is minimal.
If you sustained bodily harm after entering another person’s property, take the time to speak with a Monument premises liability lawyer who could offer legal guidance for your circumstances. A thorough and deliberate review of your situation could help you determine your next steps. For help on your case, meet with one of our caring attorneys today.