If you have become injured due to dangerous circumstances in a place where you should’ve felt safe, you may be able to make a premises liability claim. Premises liability refers to the responsibility someone takes while you are on their property. For instance, if you slip, fall and sustain a serious injury because of ice outside the entry of a store, business, or home, a liquid on the floor in the grocery store or some other dangerous condition on the premises of another, you may have a claim against that landowner
How is Premises Liability Determined?
The system Colorado will weigh in on if the injured party was acting reasonable, so both the injured person and the place they were at could potentially share liability. In order for the property owner to be considered careless, they must have reasonably known that the unsafe conditions existed and failed to pursue any preventative behavior. If a company failed to investigate the security guard at a hotel who later assaults a guest, the hotel may be held liable. The court will also consider if you were behaving in a reasonable manner. If you’re not using common sense to avoid an obviously dangerous situation, you may not be able to prove negligence either.
Invitees, Licensees, and Trespassers
You have different rights depending on why you were at the place you were injured. If you were invited, you are considered either an invitee or a licensee and can almost always claim premises liability. Commercial customers, considered “invitees”, and social guests, considered “licensees”, therefore have the greatest rights and expectations of safety. If you were trespassing on someone’s property, your rights are generally not protected; there are some cases where trespassers entered unknowingly in an extremely dangerous situation and have won the case. There can also be child trespassers, who are minors who would be enticed to break onto your property because, for example, you own a swimming pool. They are awarded more rights, and as a homeowner, you would need to take more precaution to prevent these unwanted visitors as you may still be liable if they are harmed on your property.
If you have been injured on someone’s property where you had the right to feel safe being there, you can file a premises liability claim in order to pay for medical bills, lost wages, pain, suffering, and more. Reach out to seasoned personal injury attorney Ed Smith today for a free consultation; he will help you determine if your injuries are serious enough to make a case and determine the next steps to fight for the compensation you deserve.