Denver Premises Liability Lawyer

Liability Lawyer Denver

Property owners have a duty of care to maintain and make the workplace safe so people who come onto the property do not suffer an injury. Premises liability is a legal concept that holds property owners and occupiers responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. These conditions could include things like slippery floors, uneven walkways, inadequate lighting, or faulty handrails.

The law states that if you are injured while lawfully in someone else’s property, the owner is liable for your injuries.  It encompasses a wide variety of situations and different locations. If your loved one or family member has suffered a wrongful death after suffering from fatal injuries in another person’s property, do not hesitate to call our premises liability lawyers Colorado. Our team will provide you with a compassionate legal representation so you can get your rightful compensation.

 

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What is the doctrine of implied promise that reasonable care has been taken by the owner?

It essentially implies that when someone is invited onto another person’s property, whether explicitly or implicitly, the property owner implicitly promises that they have taken reasonable care to ensure the premises are safe for visitors.

By inviting these individuals onto their property, the property owner implicitly assures them that the premises are reasonably safe and free from hazards. This assurance creates a duty on the part of the property owner to exercise reasonable care in maintaining the property and addressing any dangerous conditions that could foreseeably harm visitors.

If an invitee is injured due to a hazardous condition on the property, the doctrine of implied promise may form the basis of a premises liability claim. The injured party can argue that the property owner breached their duty of care by failing to fulfill the implied promise of providing a safe environment for visitors. Contact us today.

Is the legal status of the visitor considered when determining the liability of the property owner?

Yes. Just because someone has been injured in another person’s property doesn’t mean that the owner is automatically liable. There are several factors that need to be considered such as the legal status of the visitor coming in the property. A person could be an invitee, licensee, social guest, or trespasser. Get i touch with a Denver premises liability attorney for help.

Is the owner of the property liable to licensees and trespasser who suffer slip and fall in the premises?

 In the case of licensee and trespasser, the owner may not be liable of the injuries or death because there’s no implied promise that reasonable care has been taken by the owner of the property to assure that the property is safe.

What happens when both parties are at fault?

When both parties are at fault for an accident, the legal doctrine of comparative fault or comparative negligence comes into play. This doctrine is used to determine each party’s degree of fault for the accident and to allocate responsibility for the resulting damages accordingly.

Under comparative fault or comparative negligence, the compensation awarded to an injured party is reduced by their percentage of fault for the accident. This means that even if a plaintiff is partially responsible for the accident, they can still recover damages, but the amount they receive will be reduced proportionally to their level of fault.

What are the two main types of comparative fault systems?

Pure Comparative Fault: This means that the injured party can recover damages even if they are 99% at fault for the accident. However, their compensation will be reduced by their percentage of fault. For example, if a plaintiff is found to be 30% at fault for an accident and their total damages are $10,000, they would receive $7,000 ($10,000 – 30% = $7,000).

Modified Comparative Fault: In this type of modified comparative fault system, there is usually a threshold beyond which an injured party cannot recover damages if their level of fault exceeds a certain percentage. This threshold is typically set at 50% or 51%. If the injured party’s fault is equal to or greater than the threshold, they are barred from recovering any damages. If their fault is below the threshold, their compensation is reduced by their percentage of fault. For example, in a state with a 50% threshold, if a plaintiff is found to be 40% at fault for an accident and their total damages are $10,000, they would receive $6,000 ($10,000 – 40% = $6,000). However, if their fault is determined to be 51% or higher, they would not receive any compensation.

What role does the insurance company play in a premises liability lawsuit?

The insurance company of the property owner or occupier typically plays a significant role in a premises liability lawsuit. In many cases, the insurance policy held by the property owner provides coverage for injuries and damages resulting from accidents on the property. The insurance company may handle the investigation, negotiation, and settlement of the claim on behalf of the insured, including providing compensation to injured parties if liability is established.

What does 'pain and suffering' mean in the context of premises liability?

In the context of premises liability, ‘pain and suffering’ refers to the physical and emotional distress experienced by an injured party as a result of the accident and their injuries. This can include not only physical pain, but also mental anguish, emotional trauma, and loss of enjoyment of life. ‘Pain and suffering’ damages are a form of non-economic compensation sought by injured parties in premises liability lawsuits to account for the intangible harm they have endured.

Can a premises liability lawsuit include a claim for medical bills?

Yes, a premises liability lawsuit can include a claim for medical bills. Injured parties in premises liability cases often seek compensation for medical expenses incurred as a result of their injuries, including hospital bills, doctor’s visits, surgery costs, medication expenses, rehabilitation, and other necessary medical treatments. These expenses are considered economic damages and are typically recoverable in a premises liability claim.

What is a statute of limitations in a premises liability case?

A statute of limitations in a premises liability case is the legal time limit within which an injured party must file a lawsuit seeking compensation for their injuries. The statute of limitations varies by state and typically ranges from one to several years from the date of the accident or discovery of the injury. Failing to file a lawsuit within the applicable statute of limitations can result in the forfeiture of the right to seek compensation for the injuries sustained in the premises liability incident.

What is the meaning of owner's negligence in premises liability cases?

Owner’s negligence in premises liability cases refers to the failure of a property owner or occupier to exercise reasonable care in maintaining the safety of their premises. Property owners have a duty to keep their property reasonably safe for visitors and to address known hazards or risks that could cause harm. Negligence on the part of the owner may involve actions such as failing to repair dangerous conditions, failing to provide adequate warnings of hazards, or failing to inspect the property for potential dangers.

What happens if a car accident occurs on my property?

If a car accident occurs on your property, the legal implications depend on various factors such as the circumstances of the accident, the location of your property, and applicable state laws. In many cases, property owners may not be held liable for car accidents that occur on their property unless they were somehow negligent, such as by failing to maintain safe conditions or by creating hazards that contributed to the accident. However, property owners should notify their insurance company and may need to cooperate with any investigations or claims arising from the accident.

How are wrongful death and premises liability connected?

Wrongful death and premises liability can be connected when a person dies as a result of injuries sustained on someone else’s property due to the property owner’s negligence or failure to maintain safe conditions. In such cases, the surviving family members or beneficiaries of the deceased may file a wrongful death lawsuit against the property owner, seeking compensation for damages such as medical expenses, funeral and burial costs, lost income, loss of companionship, and pain and suffering.

What is contributory negligence in premises liability cases?

Contributory negligence in premises liability cases occurs when the injured party’s own actions or negligence contribute to their injuries. In some states, contributory negligence can completely bar an injured party from recovering damages if they are found to have contributed in any way to the accident. However, many states follow a comparative negligence system, where the injured party’s recovery is reduced by their percentage of fault.

What role does a personal injury attorney play in a premises liability lawsuit?

A personal injury attorney plays a crucial role in a premises liability lawsuit by representing the injured party’s interests and advocating for their rights to seek compensation for their injuries and damages. The attorney handles various aspects of the case, including investigating the accident, gathering evidence, negotiating with insurance companies, assessing the value of the claim, and, if necessary, litigating the case in court. A skilled personal injury attorney can navigate the complexities of premises liability law, build a strong case on behalf of the injured party, and work to achieve the best possible outcome.