Premises liability cases arise when a person is injured or killed due to an unsafe condition on someone’s property. You may have a right to damages if you or a loved one is harmed while visiting another person’s business or home.
The laws surrounding premises liability in Boulder are complex and nuanced, and it may be difficult to file a successful claim without legal representation. A Boulder premises liability lawyer who has studied the relevant case law and statutes and knows how to apply them to your specific case could help you recover compensation for your injuries.
The Colorado Premises Liability Act was enacted to ensure that those who are responsible for a certain property are held liable for a visitor’s injuries, depending on various conditions. An injured party’s ability to recover corresponds to their status while on the land.
State law defines a landowner as “an authorized agent” or someone in possession of a piece of property, as well as a person who is responsible for the property’s condition, or the activities conducted on the property. The language defining these terms is broad, and it can include individuals who own the property as well as property managers, contractors, tenants, and even vendors.
An authorized agent label is ambiguous, and a property owner may argue that they are not a landowner and owe no duty according to the statute. A knowledgeable Boulder premises liability attorney who is familiar with these complicated legal issues may be able to refute these arguments in a case.
Liability owed by a landowner under this statute depends on whether the injured person is classified as a trespasser, licensee, or invitee. A trespasser is a person who visits someone else’s property without the owner’s permission, invitation, or knowledge. A licensee is invited on the property for personal reasons, with the owner’s permission. An invitee is invited onto the property for business reasons, such as a contractor working in a home or a shopper in a grocery store.
A person’s classification is vital when bringing a premises liability action in Boulder. A skilled attorney in the area could help an injured person identify their legal status as they pursue their claim.
The type of damages one can claim depends on their classification at the time of their accident. A trespasser can only recover for damages caused “willfully or deliberately” by the landowner.
A licensee can recover damages caused by the owner’s failure to use “reasonable care” regarding dangers that they knew about, or the unreasonable failure to warn of dangers they did not create and are not usually present on the property. An invitee is owed the highest duty of care and can recover damages caused by the owner’s failure to protect them from dangers that they knew about or should have known.
Children under the age of 14 are afforded greater protection in premises liability cases. Under the attractive nuisance doctrine, a landowner may be held liable if a child trespassing on their property is injured and the injury was caused by a dangerous condition or object that attracted the child.
Specific elements must be established to hold a landowner liable under the attractive nuisance doctrine. A skilled Boulder attorney could be crucial in establishing the landowner’s fault.
There are varying factors in a Boulder premises liability lawsuit that will be analyzed when awarding damages. To ensure just compensation for the injuries you sustained due to an accident on another’s property, contact a Boulder premises liability lawyer as soon as possible.
Skilled legal counsel could investigate your specific case, hire medical experts if needed, and defend you against the landowner’s legal team. Call today to schedule a consultation.
