Premises Liability Law and Proving Negligence For Slip and Fall Injuries Can Be Complicated
Proving negligence for slip and fall injuries is an essential element of recovering compensation for slip and fall injuries in Colorado Springs. Put another way, just because you fell and hurt yourself does not automatically mean someone else is legally responsible for what happened to you.
As with any other type of personal injury case, the plaintiff in a slip and fall lawsuit must prove that the defendant – usually a property owner, property manager, or another party responsible for maintaining the property – breached their legal duty by either doing or not doing something that led to the fall.
But proving negligence for slip and fall injuries in Colorado can be significantly more complicated than in other types of injury cases. For example, in car accident cases, every driver owes every other driver, passenger, and pedestrian a duty of care to operate their vehicle in a reasonably safe manner. That duty does not change. However, the duty of care a property owner or manager owes in a Colorado slip and fall lawsuit can vary depending on who the plaintiff is, why they were on the property, and exactly where they were when they fell and suffered an injury. The duty owed to a slip and fall plaintiff, and what a plaintiff must do for proving negligence for slip and fall injuries, is found in Colorado “premises liability” law.
What is “Premises Liability”?
Slip and fall injuries and accidents are the most common bases for “premises liability” lawsuits in Colorado Springs. Premises liability claims involve the legal concept that landowners or others responsible for the maintenance and safety of property have a duty to maintain that property in a reasonably safe condition. Should they fail to do so and someone is injured as a result, premises liability lawsuits hold these landowners or property managers responsible for their negligence.
When You Fell, Were You a “Trespasser,” “Licensee,” or “Invitee”?
The Colorado Premises Liability Act governs claims for slips and falls and other injuries that occur on someone else’s property. But, as noted, whether you can recover any compensation for your injuries depends on why you were on the property when the injury occurred and whether you had a right to be there. That will largely determine what kind of duty the property owner or manager had to keep you safe and what you need to prove to obtain damages.
Trespassers
A trespasser is an individual who enters or remains on someone else’s property without the landowner’s consent. A trespasser can only recover compensation for slip and fall injuries on that property if the landowner willfully or deliberately caused the fall.
Licensees
If a property owner invited you onto their premises for a non-business or non-commercial purpose, such as for a party or social gathering, you are a licensee and may only recover slip and fall damages caused:
- by the landowner’s unreasonable failure to exercise reasonable care regarding dangers created by the landowner that the landowner actually knew about; OR
- by the landowner’s unreasonable failure to warn of dangers they did not create but which are not ordinarily present on the type of property involved and of which the landowner was actually aware.
Related: Suing Homeowner’s Insurance For Injuries In Colorado
Invitees
Invitees are typically customers or patrons at a store, business, restaurant, or other commercial property generally held open to the public. Invitees may recover damages for injuries caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers they actually knew about or should have known about.
An experienced Colorado Springs premises liability attorney will be able to evaluate the unique circumstances of your accident and advise you as to whether or not you have a viable claim for damages.
King & Beaty, LLC: Experienced Colorado Springs Slip and Fall Injury Attorneys
At the Colorado Springs personal injury law firm of King & Beaty, LLC, our premises liability and slip and fall injury attorneys fight tirelessly to help individuals who have suffered serious injuries because of negligently maintained property. We are committed to getting injury victims the resources and compensation they need to recover and have a long track record of success in doing so.
If you’ve had a slip or trip and fall or otherwise suffered an injury on someone else’s property, please call King & Beaty, LLC at (719) 505-9999 or fill out our online form to arrange for a free assessment of your case. We look forward to assisting you.
