Premises Liability

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 Edward 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.

Our Settlements & Verdicts

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Motorcycle Accident

Recovered for a client injured in a motorcycle accident.
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Truck Accident

Settlement for a truck accident victim who was seriously injured by an 18 wheeler.
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Motor Vehicle Accident

Recovery for a woman seriously injured in a motor vehicle accident.

Hear It From Our Clients

So, I had wanted to take the time to give an honest review. In the later months of 2020, I had the misfortune of being involved in a car accident that had permanently changed my mobility in my right foot,
So, I had wanted to take the time to give an honest review. In the later months of 2020, I had the misfortune of being involved in a car accident that had permanently changed my mobility in my right foot, and had my undergo surgery to repair the damages. Due to me being an independent business owner, my situation was complicated and difficult to navigate especially seeing as I was stranded out of state where the injury occurred to seek out my medical care for over a month. It had also put the production for my business out of operations for a three month period which caused significant wages lost from my sole source of income. During this time we had begun searching for an Attourney’s to help pursue the wages lost and to help make me whole again after some hefty medical bills. After looking though multiple options, we decided to give a call to Edward Smith. Ed has been a godsend and an incredible help during this difficult time for me. He’s been polite and experienced during the healing process and always was just a text or phone call away should I have had any questions. I didn’t have to wait days or weeks for a response. I felt comfortable with his knowledge at all times and Ed even went as far as to help call my medical providers and negotiate fees to help me save additional money which was incredibly kind. After about a year, we finally have settled the case and I couldn’t be happier with the results. I can finally get back on my feet and continue to grow my business and get back to normal. I couldn’t have done it without the help of Ed Smith and his offices. If you’re considering an Attorney, you won’t find a kinder or more educated professional in the field. (And it’s a specialty, so he knows this inside and out!)
After doing my research for a personal injury attorney I found Edward, and my experience holds true to all his previous 5-star reviews. If you want someone who is truly on your side,
M. Darmofal
Dealing with a car accident is very difficult. It was such a relief to be able to hand over all the details to Edward, allowing me to focus on my recovery from my injuries.
Jennifer S.
Edward was my attorney and he was fantastic! I hired him after being frustrated by my doctors who just didn't seem to understand why my ankle was hurting so badly after a car accident. They basically told me I was exaggerating my pain.
Rosie A.
Mr. Edward Smith handled my accident claim and did a great job. He got me way more money than I expected. He was professional and always there to help me.
Former Client
After sustaining multiple injuries in a motorcycle accident, I knew I needed the best legal help available. I found that help with Edward Smith, a man with wisdom and vast experience,
Stuart H.