If you suffered a serious injury such as a broken or fractured bone in a slip and fall accident in Colorado, you may be able to hold the property owner responsible for the accident and recover financial compensation to pay for your losses. Like in any other personal injury case, you must prove certain elements exist in order to succeed in a premises liability lawsuit.
However, the damages you can recover are based on the “legal status” you held during the incident, according to the Colorado Premises Liability Act. In other words, a property owner has certain duties to provide based on the type of person who is on the premises.
The following are the three types of legal statuses in a slip and fall accident lawsuit:
Invitees – A person who is invited onto the property for the benefit of the property owner. For example, a customer in a grocery store or a patron in a restaurant. The highest duty of care is owed to an invitee, which means a property owner must take reasonable steps to protect invitees from hazardous conditions that the owner either knows about or should know about. If a property owner fails to provide this duty and an invitee is injured, the injured party can sue for damages.
Licensees – A person who enters another individual’s property for the mutual benefit of both parties. For example, visiting a friend’s house for dinner or to watch a football game. The owner has a duty to warn a licensee about the dangers on the property they are aware of. If a property owner fails to warn a licensee about such hazardous conditions and the person is injured, the injured party can file a lawsuit.
Trespasser – A person who enters another individual’s property without the owner’s permission. The lowest duty of care is owed to a trespasser, which means an owner does not have to exercise reasonable care to protect or warn a trespasser about a known danger on the premises. However, a property owner can only be held liable if they intentionally harm a trespasser.
If you or a loved one has recently been injured in a slip and fall accident in Denver, contact Orr Law Firm today at (303) 747-4247 and schedule a free consultation. Get award-winning and experienced legal representation today!