Whether you are visiting a friend’s home, shopping at the mall, or exploring someone else’s property, owners and landlords have specific duties to ensure your safety.
If an owner fails to safeguard or warn you about hazardous conditions and you are harmed as a result, contact a Boulder premises liability lawyer to discuss the options you have for financial compensation. A dedicated attorney from Mac Hester Law can examine the facts of your case to build a claim against a negligent property owner.
Types of Premises Liability Claims in Colorado
Although vigilance is essential for spotting hazards, sometimes accidents do occur. Not all accidents amount to a case for negligence, but those that do are based on a violation of the Colorado Premises Liability Act by the property owner. Some of the most common causes in which the person who controls the premises could be liable are:
- Slips on a spill, trips on buckled carpeting, or falls because of uneven floors
- Dog bites that occur on a dog owner’s property
- Dangers that should have been repaired, such as broken stairs or unlit stairwells
- Negligent security: a property owner knows an area is subject to criminal activity, such as a parking garage, and does not hire adequate security
- Failing to secure “attractive nuisances” from children who are drawn to them, such as backyard swimming pools
A Colorado personal injury legal advisor could study a person’s case to determine what type of visitor they are and if a premises liability lawsuit is viable.
Landlord’s or Owner’s Duty Depends on the Type of Visitor
Boulder property owners and landlords owe different duties of care to visitors categorized as trespassers, invitees, and licensees.
Laws Differ for Adult and Child Trespassers
Landowners owe no duty to make the premises safe for people 14 and older who are on an owner’s property without permission, which is a criminal offense in Colorado. The owner’s only duty is to not deliberately or willfully harm a trespasser.
In the case of trespassers, for child under 14, the Attractive Nuisance Doctrine kicks in. The courts will consider the child’s age in deciding if the owner is liable and could determine that the owner is liable for the harmed toddler, but not the harmed preteen. To prove a landowner’s negligence if a child trespasser or visitor is injured, a local property mismanagement attorney representing the parents and child must prove:
- The owner or landlord knew about the dangerous condition
- The owner or landlord should have known the condition could harm a child
- The owner or landlord reasonably believed children would probably enter the property
- The owner or landlord did not use reasonable care to protect children from the harmful condition
- The trespassing child was too immature to understand all the risks and dangers of the actions
A Boulder negligence representative can explain the heightened and nuanced duties a property owner or landlord has toward trespassing children.
Duty of Care for Social Visitors
Licensees, which are often friends visiting one’s home, are owed a higher duty of care than trespassers. The homeowner is required to protect the social guest from dangers of which the homeowner had actual knowledge.
Duty of Care for Business Customers and Invitees
Invitees, which are usually business customers of a retail store, grocery store, restaurant or other business serving the public, are owed the highest duty of care. The business or other organization serving the public or specially invited persons are required to protect the invitee from dangers of which the landowner actually knew about or should have known about.
Let a Boulder Premises Liability Attorney Work for You
If you are injured on someone else’s property, you may be wondering how to pay your bills while you are away from work recuperating. Our Mac Hester Law team can help answer your questions.
A Boulder premises liability lawyer is available to speak with you and help guide you through the claim negotiation and settlement process of the civil court system if your situation calls for litigation. Call today for your free initial consultation.