Colorado Premises Liability Accident and Wrongful Death Claim

Premises liability refers to a form of negligence that holds property owners or landowners responsible for injuries to others that occur while on their property. This type of law covers all sorts of accidents and injuries that may occur on someone else’s premises—slip and falls, swimming pool accidents, dog attacks, and more. But how do you know whether or not you may have grounds for a premises liability claim or a wrongful death claim after an accident, and who may be held liable in Colorado for these cases?

If you’re looking for answers, our experts are here to help. Read on to learn more about Colorado premises liability accident and wrongful death claims, find out how to choose among Colorado personal injury attorneys, how to contact a wrongful death attorney in Colorado, and more.

Under Colorado’s Premises Liability Statute, visitors to another person’s property are divided into three distinct categories, each with their own duty of care that is owed by the property owner. These categories are:

• Licensees
• Invitees
• Trespassers

Licensees are people who are on the property for personal reasons and are usually invited by the owner, as a social guest. Invitees are visitors on the property who are there usually for work or business reasons (such as a customer or a contractor). Finally, trespassers are people who visit the property without the owner’s permission or knowledge.

Under Colorado premises liability laws, property owners have a duty of care toward licensees and invitees but not toward trespassers (unless they become aware of the trespasser’s presence).

The first step in determining whether or not you have a claim against a negligent property owner is to determine which aforementioned category you fall under, since the category will determine the duty of care that was owed to you.

Licensees may only recover damages caused by the property owner’s failure to use reasonable care regarding known dangers on the property or the landowner’s unreasonable failure to warn of dangers not ordinarily present on the property. Invitees may only recover damages caused by the landowner’s failure to reasonably protect them against dangers the owner knew about or should have known about. And finally, trespassers can only recover damages for injuries willfully or deliberately caused by the landowner. These same laws apply in cases where wrongful deaths occur due to hazardous property conditions.

What does this mean? Basically, it is far more difficult for trespassers and licensees to recover damages than invitees in Colorado, since the duty owed to invitees is higher. But how will you determine whether or not the hazards were known to the property owner? That’s where a lawyer comes in.

Premises liability cases can be difficult to win for a multitude of reasons, especially in cases involving trespassers and licensees who were hurt in Colorado. But regardless of the situation that caused your injuries—or if your loved one died wrongfully on another person’s property—you will still need a highly skilled attorney who has won these cases before. That’s where we come in.

Here at Carabin Shaw, our team has been specializing in premises liability and wrongful death claims for more than two decades, and we’re here to help. Our attorneys have 200 years of combined legal experience and a passion for defending accident victims.

For a free and confidential consultation with Colorado attorney James Shaw, or just to learn what our expert Colorado personal injury attorneys can do for you, call our office today at 1-800-555-0101. Don’t wait—speak to a premises liability lawyer or wrongful death attorney in Colorado today and learn how we can help you.