Premises Liability Lawyers | Slip, Trip, and Falls
Top Rated Premises Liability Law Firm
Premises Liability > Lawyer
Everyone in Colorado Springs has a right to feel comfortable visiting places like shops, restaurants, and parks. Those tasked with making public spaces risk-free don’t always do a good job of doing so. Visitors to a Colorado Springs property owned by a negligent landlord who fails to take reasonable safety precautions may suffer serious harm.
Every day, people in Colorado Springs and the surrounding area visit stores, restaurants, and parks, only to be hurt by the hazardous environments they find there.
If store owners and managers don’t take care of the common areas in their establishments, customers could be at risk from any number of things. The threats, however, can be considerably reduced if Colorado Springs property owners are proactive and preserve their commercial and public places.
The purpose of premise liability legislation is to hold property owners accountable for creating a reasonably safe environment for guests. It has come to our attention that certain Colorado Springs property owners are not taking adequate precautions to ensure the safety of their guests.
Many people have benefited from the Warrior Injury Law Group’s assistance in pursuing compensation for injuries sustained in accidents resulting from negligence on the part of property owners. We have an office in Colorado Springs and a staff of competent, experienced, and sympathetic lawyers.
Our Colorado Springs premises liability attorneys are ready to discuss your case right now, and we will work tirelessly to protect your rights and ensure that those responsible are held accountable.
NO FEE UNLESS WE WIN
HOMEOWNERS HAVE A RESPONSIBILITY TO TAKE CARE OF THEIR PROPERTY
An owner owes a duty of care to anyone onto their property for whatever reason.
In Colorado Springs, a property owner must ensure that their property is safe for anybody who might be invited there. If a property owner fails to take reasonable precautions to eliminate or reduce risks or hazards on their property, they have breached their duty of care to their tenants.
The duty of care owed by a property owner to an invitee is a promise that cannot be broken. People have a right to expect a property to be in a sufficiently safe condition whenever they are permitted onto the premises. By imposing liability on property owners who fail to uphold the duty of care owed to invitees, the law aims to protect those who are just invited to a property owner’s home.
In a nutshell, this duty of care may encompass the following:
- Assurance of safety (against assault, theft, harassment, etc.)
- Stable design and working order
- Regular cleaning; Upkeep of fire safety equipment like alarms and sprinklers;
- A business owner can be held accountable for damages sustained by patrons if the business’s careless actions result in those patrons being hurt.
DO HOMEOWNERS HAVE THE SAME DUTY OF CARE TO ALL TENANTS?
Unfortunately, Colorado Springs property owners do not have the same duty of care toward all visitors. Hosts have varying degrees of responsibility depending on the nature of their visitors.
Here’s an illustration:
- The term “invitee” refers to anyone, the commercial property owner extending an invitation to enter or remain on the property. Invitations are extended to patrons of all kinds of businesses, including supermarkets, hotels, and eateries.
- One must exercise extreme caution while dealing with invitees.
- Owners are responsible for conducting regular inspections of their properties and posting warnings about any potential dangers they are aware of.
- Licensees are the property owner’s social guests, such as friends, family, and acquaintances, who are not there for commercial purposes.
- Landlords are responsible for addressing any potential safety issues on their property.
- Landlords are only responsible for hazards they are aware of (whereas property owners are responsible for dangers they should have known about if invitees are present).
- Anyone who enters private property without permission from the owner is considered a trespasser.
- Private property owners cannot erect barriers or install harmful features on the grounds to deter trespassers.
SLIPPING AND FALLING: A QUICK REFERENCE
One of Colorado Springs’s most common causes of premises liability claims is trips and falls. Falls account for approximately over eight million emergency room visits occur in this country every year Those injured due to a slip and fall typically have one of the easiest times proving their case when filing a premises liability lawsuit.
A “slip and fall” occurs when a visitor to someone else’s property trips or slips and falls, sustaining injuries.
Colorado law , the law is very specific about when a property owner can be held accountable for injuries sustained in a slip and fall. If a customer is hurt in a business, he or she must show that the owner knew or should have known about the hazardous situation and failed to take appropriate action, as required by law.
- That is to say, the property owners in Colorado Springs must have had either constructive or actual knowledge of the hazardous conditions before the occurrence of the disaster. If they don’t, they won’t be responsible for your injuries if you have a slip and fall.
- Additionally, the Act specifies the forms of circumstantial evidence that may be used to show constructive knowledge of a hazardous condition:
- If the risky situation persisted for a long enough time, any company using reasonable diligence would have found out about it. If the risky situation recurred frequently enough, it would be reasonable to expect the company to know about it.
DIFFERENT FORMS OF PREMISES LIABILITY CLAIMS IN COLORADO SPRINGS
Our law company has prosecuted a wide range of Colorado Springs premises liability matters.
The personal injury services provided by our Colorado Springs premises liability lawyers are available to anyone who has been hurt due to various causes.
Chemicals that are harmful to humans
- Attacks by dogs
- Accidents at construction sites | There are several potential causes for construction site accidents. A wide variety of potential hazards are present on building sites (even to qualified, well-protected construction professionals). If you get hurt on a construction site due to something like falling debris or unsecured machinery, you may be able to file a claim for damages.
- Accidental drowning is just one example of the kinds of injuries that can happen in or around a swimming pool. Thus any such incident could give rise to a premises liability claim.
- People are hurt due to inadequate parking lot design and maintenance on an annual basis. Sometimes parking lot owners don’t put in enough lights or take additional precautions to keep drivers safe at night or in bad weather. Owners of parking lots who fail to install adequate security measures may be held accountable for any injuries their carelessness causes.
- If a property owner fails to take reasonable precautions to protect his or her guests from theft or attack by a third party, the owner may be held accountable for any injuries sustained by those guests.
PREMISES LIABILITY CASE IN COLORADO SPRINGS HEADING TO COURT
Sometimes, a Colorado Springs premises liability attorney may recommend a trial to their client to obtain maximum compensation. The injured party must demonstrate five criteria to hold a property owner liable in a premises liability case. To back up their client’s assertions, lawyers sometimes consult with authorities in relevant fields (such as carmakers or security experts).
Victims must prove the following five things to have a valid premises liability claim:
- The defendant owned, rented, or otherwise occupied the premises where the injury occurred (or on).
There was a duty of care owed to you by the defendant.
A defendant is liable if:
- They were aware of the risk.
- They should have been able to reasonably foresee the risk.
- They did nothing to mitigate it.
- You suffered harm due to the acts mentioned above of carelessness.
- As a result of your injuries, you have suffered costs (medical bills or lost time from work).
WHAT TO DO IF YOU ARE INJURED IN A COLORADO SPRINGS PREMISES LIABILITY ACCIDENT
We advise victims of premises liability accidents to take certain measures for their well-being and protection.
First, lawyers specializing in premise liability and personal injury know how to file a claim in court. They are well aware that many of their customers will not be able to attend the accident scene to collect evidence or information.
Victims will pursue compensation claims regardless of their ability to collect evidence after suffering an injury. The victim’s case can be strengthened and the attorney’s work facilitated by following these measures.
IF YOU SUFFER INJURIES AS A RESULT OF A COLORADO SPRINGS PREMISES LIABILITY ACCIDENT, YOU SHOULD…
- Determine what happened that resulted in your injuries.
- It’s not uncommon for businesses to immediately begin repairing or cleaning up after accidents.
- This action may not be harmful in and of itself. Some businesses would indeed try to hide the facts when an accident occurs, but others would act in good faith to avoid further harm. Victims of accidents on someone else’s property often lose out when prompt action is taken to fix the problem, no matter how well-intentioned the fix may be.
- Before leaving the premises, you should try to identify the specific cause of your injuries.
- Try to identify the liquid kind of the puddle you slipped in for maximum realism. Try to get some answers from workers regarding the machinery that burned you if you’ve been hurt by it.
- In other words, proof documents.
- These days, almost everyone has a smartphone, and if you don’t, perhaps a friend or neighbor would be delighted to share their images with you.
- Document everything: the scene of the accident, your injuries, and any paperwork you sign or fill out. Some businesses strive to hide the fact that an employee was hurt while at work. Take pictures of any documents you file as evidence if you are given a chance to do so.
- Make a report to upper management.
- Ask a boss whether there is a protocol for reporting workplace mishaps if you need to file a report.
- Many businesses have procedures in place for accident victims who sustain injuries on the premises to report them. The report is often submitted to upper management.
- Reporting the incident could serve as legal proof of the events.
- Seek professional medical attention immediately.
- Many premise liability accidents result in injured parties requiring emergency medical attention, while others do not.
- It is essential to see your primary care provider as soon as possible, even if you received emergency care for your injuries at the scene.
- During your doctor’s examination, he or she will be able to look for signs of delayed symptoms that may indicate more harm. They will take a baseline measurement of your health in case they need to use it as a comparison point in the future.
WHAT MAY VICTIMS OF PREMISES LIABILITY IN COLORADO SPRINGS EXPECT TO RECOVER?
We must preface our discussion of possible compensation for victims with a caveat. Because of the one-of-a-kind nature of each claim, it is impossible to speculate on the amount of compensation that might be awarded. Anyone’s opinion on your case’s worth is just that unless you’ve had a professional legal consultation and review.
Therefore, we hope to be of assistance. When our clients started looking into their legal options, many had questions about damages and compensation.
So, here’s a quick rundown of the types of compensation that can be available to Colorado Springs premises liability accident victims:
- Medical expenses | This includes all costs incurred as a result of the injury and any costs that may be incurred in the future. Physical therapy and one-of-a-kind medical devices are specialized services that add up when totalling medical costs.
- Underestimating the mental anguish sustained by those who have survived accidents caused by negligence on the part of property owners is insensitive. Your emotional pain and suffering from the accident may qualify you for financial compensation.
- Injuries that leave permanent scarring and disfigurement may entitle victims to further compensation.
- There are many people in the same position as you, financially speaking, if you’ve had to take time off work to heal from an injury. The legal system in the United States is set up to ensure that people who are injured in accidents are compensated for any financial losses they may incur due to those accidents. An attorney specializing in premises liability can assist plaintiffs in pursuing compensation for lost wages.
- Reduced earning potential occurs when an individual suffers incapacitating injuries (or experiences other misfortunes) that prevent them from returning to their previous line of employment. Damages for lost future earnings potential can be sought in such circumstances.
FREQUENTLY ASKED QUESTIONS REGARDING COLORADO SPRINGS PREMISES LIABILITY
The NFSI more than eight million emergency room visits every year back to falls alone. Even more alarming is that falls are just one of many potential causes of a premises liability lawsuit in Colorado Springs.
The realm of law known as “premises liability law” is enormous. Injury to one’s person as a result of a trip, fall or burn while on another person’s premises is included.
This is an example of how we like to explain the notion to our clients:
- Having a personal injury attorney on your side is a good idea if you’ve been hurt in a car accident on the highway due to another intoxicated driver.
- If you were involved in an accident in a poorly lighted parking lot at night, you might hire a premises liability lawyer to pursue compensation from the property’s owner.
Personal injury lawyers specializing in premises liability have experience with situations that include special circumstances. However, you shouldn’t put undue stress on yourself to get the perfect lawyer. The attorneys at our firm can assist you in determining which specialty of law would be most beneficial to your case.
WHO HAS THE RESPONSIBILITY TO PROVIDE CARE? HOW DOES THIS AFFECT THE OWNERS AND OCCUPANTS OF THE PREMISES?
Homeowners are responsible for the guests that they have invited onto their property. In legal terms, hosts are obliged to “take care” of their property and any guests they may have.
Property owners are obliged to ensure their premises’ safety under the duty of care. Before allowing guests into their property, proprietors are responsible for ensuring that the area is safe. This reduces the likelihood of harm to guests and shields the property owner from some responsibility for mishaps that may occur.
Due to the responsibility of care, we always feel secure in public places like shopping centres, zoos, restaurants, and parks. Owners have a responsibility to take reasonable precautions, which include:
- ensuring that the building is in good shape; protecting the property from criminals;
- installing and maintaining security features, and keeping fire and smoke detectors in working order.
- Maintenance consistently
DO HOMEOWNERS HAVE THE SAME DUTY OF CARE TO ALL TENANTS?
owe different levels of care depending on the guest that they choose to host.
- One type of business invitee is a person who is invited onto the property to conduct business. Examples of invitees are grocery store customers, hotel visitors, and others who pay to enter a business’s premises to conduct business.
- It is the property owner’s responsibility to ensure that the premises are safe for anyone who might be present, including
- Licensees | Friends, family, and other social guests of the property owner invited for non-business purposes
- Property owners are only liable for dangers on the premises that they know about (whereas property owners are responsible for dangers they should have known about if invitees are present)
- Private property owners are not permitted to install barriers or otherwise make their facilities uninhabitable to deter trespassers.
- Is a business or property owner responsible for any injuries on their property?
No. Injuries sustained on a business’s premises will only result in legal liability if it can be proven that the business either acted negligently or failed to take appropriate action.
A SLIP AND FALL ARE DEFINED AS.
One common form of an accident covered by premises liability legislation is the Slip and fall accidents
Slip and fall accidents happen when someone trips or slides on someone else’s property and then falls to the ground, hurting. The building in question could be a storefront, a park, a zoo, or even someone’s private residence.
- There are a few distinct contexts in which you might hear this phrase:
- You should contact a slip and fall attorney when you need a lawyer specializing in slip and fall cases.
WON’T PREMISES OWNERS BE HELD ACCOUNTABLE FOR ANY SLIP AND FALL OCCURS ON THEIR PROPERTY?
- A slip and fall can happen anywhere
- Slip and fall regulations help clarify who can be liable for a slip and fall disaster and why.
A SLIP-AND-FALL LAWSUIT ONLY HAS LEGAL STANDING UNDER SPECIFIC CONDITIONS.
The injured party (and their legal agent) must show that the business had prior knowledge (or constructive knowledge) of the dangerous state to hold the business accountable for a slip and fall.
A company may be held liable for constructive knowledge if it failed to take appropriate action in response to an issue that was either extremely common or so clear that it would have been seen by a reasonable person using reasonable care.
I GET THAT PERSON OCCASIONALLY TRIPS AND FALLS. WHAT OTHER CASES OF PREMISES LIABILITY ARE YOU ABLE TO ADDRESS?
Premises liability lawyers are trained to help victims of all sorts of accidents. In addition to those above, the following are also typical forms of premises liability lawsuits:
- Attacks by dogs
- Accidents in parking lots due to inadequate lighting or other negligent design choices, etc.
- To file a premises liability claim related to a swimming pool,
- an injured party must show that the property owner or manager was negligent, whether the incident involved a slip-and-fall or a drowning.
- Construction site accidents
- Holes in the ground, loose equipment and tools, exposed wiring, etc. Assault or theft due to negligent security
- Premises owners are meant to reasonably control the activities of third parties who enter the property;
- if a property owner fails to take reasonable measures to prevent assault and theft, they could be held liable in court.
IF THE OWNER OF THE BUSINESS OR PROPERTY CONTINUALLY DENYS LIABILITY FOR MY INJURY, WHAT SHOULD I DO?
The law specifies that only a judge can determine legal responsibility. Keep this in mind, for sure. Even when competent lawyers do everything they can to secure a favorable outcome in court, justice is not always served. Because of this, you must hire the most competent Colorado Springs premises liability attorney for your specific case.
An organization’s total denial of responsibility for on-the-job injuries is not unprecedented. While our clients’ pain is undeniable, we’ve been involved in several situations where the defendant company maintained that nothing happened or that it was not at fault.
This, sadly, is a widely accepted norm in the legal system. If you were injured due to the carelessness of a business, you are not alone; however, you will need the assistance of an attorney to ensure that your premises liability claim receives the full attention it deserves.
IN THE EVENT I AM INJURED WHILE ON THE PROPERTY OF ANOTHER PERSON, WHAT SHOULD I DO?
You can improve your (possible) case by taking action after suffering an injury on someone else’s property. This recommendation is based on the assumption that you are not seriously hurt and do not require emergency medical assistance.
Don’t forget that lawyers deal with dozens of people yearly injured on someone else’s property. Many attorneys have won court cases without a client to gather this data personally.
Don’t worry if you’re too hurt or upset to follow our guidance. Consult an attorney and discuss your situation with them.
Victims of slip and falls and other types of premises liability need…
- Find out what caused their injuries before leaving the premises | It’s no secret that companies aim to eliminate potential sources of harm, like spills and broken machinery. The cause of an injury should be isolated before you leave the hospital. There’s a chance you won’t have another go at it. More specificity is always welcome. For instance, if you were injured after slipping in a wet area, the outcome of your case might depend on whether the puddle was water or clear soap.
- Document evidence | If you have access to a smartphone, take images of the accident scene, your injuries, and anything else that could be considered relevant to the case. After an accident, some companies refuse to provide their own photographic or videotaped proof. It is best to take precautions and gather visual proof independently before filing a report. You should be able to report the occurrence to management at most companies. Thanks to this, you may rest assured that the business has your full name and a record of the transaction.
- Get checked out ASAP | Some injuries sustained on someone else’s property require quick medical attention. A lot of people don’t think that way. Whether you were treated at the scene or a hospital, you should see your regular doctor as soon as possible. They will watch for any signs of illness that may not show up for some time. Your doctor’s up-to-date knowledge of your health and physical condition, gained during this session, may be essential to your situation.
WHAT DOES IT MEAN WHEN SOMEONE SAYS I CAN “RECOVER DAMAGES?”
When we say that our clients have recovered damages, we mean that they have been compensated monetarily for the harm they have suffered due to the accidents we have helped them pursue.
To say that one of our clients received over $20,000 in damages means that they were awarded more than $20,000 in compensation for the consequences of their injuries.
HOW MUCH MONEY CAN A PERSON GET BACK IF THEY HAVE DAMAGES?
Attorneys specializing in premises liability assist their clients in pursuing compensation for various losses.
There is no way to assess the value of your case or the amount of compensation to which you may be entitled until further information about your situation is known.
These are some of the most typical types of damages awarded in premises liability cases:
- Medical expenses (past, present, and future) | When an individual is wounded owing to the carelessness of another, he or she may seek restitution for past, present, and future medical expenses. There are injuries whose costs don’t end when a lawsuit is resolved. U.S. courts are aware of this and do their best to provide long-term assistance to victims by allowing them to recoup the expense of future medical care.
- Mental misery and physical pain and suffering may follow a traumatic occurrence, but the severity of either will depend on the individual and the nature of their injuries. victims of premises liability accidents can sue for more money if they’ve experienced things like
- reduced earning capacity or loss of pay | many injuries cause people to temporarily be unable to work while they heal. You might get back pay if this describes you. Occasionally, incidents happen that permanently change a person’s capacity to work and make a living. A plaintiff can seek damages for lost future income in such a lawsuit.
HOW DO I KNOW WHAT PROOF TO BRING TO COURT?
If you treat your possible premises liability case like a checklist, you’ll have an easier time assessing whether or not you have a case. Every accident survivor has a different set of circumstances. Thus the specific actions they need to take to help their case may vary. There are typically five main focuses.
You must show the following to succeed in a negligence claim against the defendant:
- the defendant owned, leased, occupied, or otherwise controlled the property where you were injured;
- the defendant owed you a duty of care;
- the defendant knew, or should have known, about the danger but did nothing to address it;
- you were injured as a result of the defendant’s negligence.
Damages as a result of your injuries (medical bills, pain and suffering, and so on)
MAY I SEEK THE ASSISTANCE OF AN ATTORNEY?
Absolutely! One subset of personal injury attorneys deals specifically with cases involving injuries sustained on another party’s property. These attorneys specialize in cases involving claims of premises responsibility. One of these attorneys might be able to help you if you were hurt due to someone else’s negligence on their property.
Any victim of a premises liability accident would be well to start looking for a qualified attorney immediately. Accident victims can turn to premises liability attorneys for guidance in rebuilding their lives and seeking justice.
To assess the viability of your case, our Colorado Springs premises liability attorneys at Warrior Injury Law provide FREE first consultations. If we decide to work together, our payment will come from a portion of any settlement or judgment you receive rather than upfront.
COLORADO SPRINGS PREMISES LIABILITY ATTORNEYS (WHO KNOW THEIR STUFF): WARRIOR INJURY LAW
The consequences of a premises liability accident often extend far beyond the physical harm or emotional distress they cause. Get in contact the Warrior Injury Law today if you or a loved one has been hurt due to someone else’s negligence on their property. In cases of personal injury attorneys , our dedicated team of lawyers will work relentlessly to ensure that our clients receive the financial compensation to which they are entitled.
We serve injured people all over the state of Colorado, including here in Colorado Springs, from our two locations in the western and eastern halves of the state. It’s simple to get in touch with you can easily contact us a call at 719-300-1100 if you or a loved one has been hurt in a premises liability accident.
We realize that monetary compensation cannot erase the trauma of a premises liability accident in Colorado Springs. We know that our client’s cases are about more than just winning or losing; our goal is to give them the tools they need to make informed decisions throughout the entire legal process. Get in touch immediately for a no-cost consultation and review your situation.
FREE CASE REVIEW
We are standing by ready, willing, and able to help you. You can schedule a free consultation here on our website, or give us a call and talk to us. Whatever you prefer, we will accomodate you!