If you have suffered an injury on someone else’s property due to the owner’s negligence, you may be entitled to compensation. At Fuller & Ahern, P.C., we have experienced premises liability attorneys who can help you navigate the complex legal process and fight for your rights.
Our skilled attorneys serve clients throughout Douglas County, CO, and surrounding areas, including Arapahoe County, Parker, Castle Rock, Centennial, Elbert County, Littleton, Aurora, and the Denver Metro Area. We understand that injuries sustained on someone else’s property can be life-altering, and we are committed to helping you obtain the compensation you deserve.
Understanding Premises Liability: What You Need to Know
Premises liability refers to the legal responsibility of a property owner or occupier to keep their premises safe for visitors. Property owners are required to maintain a reasonably safe environment and warn visitors of any potential hazards. If they fail to do so, they may be held liable for any injuries that occur on their property.
Key Elements of a Premises Liability Claim
Premises liability cases arise when an individual is injured on someone else’s property due to unsafe or defective conditions. To establish a premises liability claim, several key elements must be proven:
1. Duty of Care
The property owner or occupier must owe a duty of care to the injured party. This duty varies depending on the status of the visitor:
- Invitees: Individuals who are invited onto the property for business purposes (e.g., customers in a store). Property owners owe the highest duty of care to invitees, which includes regular inspections and maintenance to ensure safety.
- Licensees: Individuals who are on the property for social reasons with the owner’s permission (e.g., guests at a party). Property owners must warn licensees of known dangers that are not obvious.
- Trespassers: Individuals who enter the property without permission. Generally, property owners owe a minimal duty of care to trespassers, typically only to refrain from willful or wanton harm.
2. Breach of Duty
The plaintiff must demonstrate that the property owner or occupier breached their duty of care. This can occur through actions (e.g., creating a hazardous condition) or omissions (e.g., failing to repair a known danger).
Contact us today to schedule your consultation and learn how we can assist with your legal challenges.
3. Causation
There must be a direct causal link between the breach of duty and the injury sustained. The plaintiff must show that the unsafe condition was the actual cause of their injury.
4. Notice of the Hazard
The property owner or occupier must have had actual or constructive notice of the hazardous condition. Actual notice means the owner knew about the danger, while constructive notice means the owner should have known about it through reasonable care and inspections.
5. Injury
The plaintiff must have suffered an actual injury as a result of the hazardous condition. This can include physical injuries, emotional distress, and financial losses such as medical expenses or lost wages.
6. Damages
The plaintiff must prove that they incurred damages due to the injury. Damages can be economic (e.g., medical bills, lost income) and non-economic (e.g., pain and suffering, loss of enjoyment of life).
Explore Common Types of Premises Liability Cases
There are many different types of premises liability cases, including:
- Slip and fall accidents
- Trip and fall accidents
- Inadequate security
- Dog bites
- Swimming pool accidents
- Elevator and escalator accidents
- Fires and explosions
- Toxic exposure
Don’t wait to get help. Contact our Douglas County firm today to schedule an initial consultation.