The Colorado premises liability statute says that a premises liability claim may be filed against an owner using Arvada Colorado injury attorneys if it’s found that negligence was the cause of injuries sustained on his or her property. Claims can include cases involving apartment buildings, private residential homes, businesses and other entities.
Accidents Considered Valid Under Colorado Premises Liability Statutes
Although there are numerous circumstances in which accidents can lead to a claim, there are some examples where injuries can be especially severe or even fatal. As a result, it could entitle an injured victim to pursue compensation.
An elevator accident can cause severe injuries. Such an instance can comprise of limbs and other body parts being crushed, bodies dragged into the compartment and crushed between floors, doors shutting before the person is all the way inside, and being dragged up the shaft.
Escalator accidents can cause serious injuries as well. Fingers, hands and feet can become trapped in machinery. Sudden, unexpected movement could cause someone to fall. When filing a premises liability claim under a Colorado premises liability statute, be sure to take photos of the machinery that caused the injury.
Slip, trip and fall accidents are another kind of severe accident that generally stem from conditions that are dangerous and could result in the filing of a premises liability claim. An example of someone slipping could happen on a newly waxed floor that doesn’t have a warning sign posted. A trip could happen when steps are broken, causing someone’s foot to get caught. And a fall could be the result of a broken gate or guardrail on an elevated floor.
Colorado Premises Liability Statutes Consider Security and Weather Valid for Claims
Lack of security could potentially lead to a claim. A parking lot or structure where there is known criminal activity and there is no warning, proper lighting, or the presence of security officers could render the area unsafe.
Improperly maintained sidewalks, such as broken concrete or pieces that jut out, could cause someone to trip and fall. A claim in this type of case may be filed against a property owner or the government, depending on the circumstances.
Weather conditions can sometimes create a hazardous situation on someone’s property which may lead to injuries. The buildup of ice, snow or rain can result in someone falling or slipping.
Elements in a Premises Liability Claim
Just because an accident occurs doesn’t automatically entitle an injured person to compensation. There are certain elements that must be established in order to pursue a premises liability claim.
First, it must be established that the accident was caused by negligence. Neglect can come in many forms, such as an owner actually creating the hazardous condition, knowing of the danger but failing to correct it, or showing that a reasonable person should have known the potential hazard to be dangerous.
Second, it must be established that serious or fatal injuries were caused because of the dangerous condition that existed. A bump on the head wouldn’t warrant the time and cost of pursuing a claim. However, injuries such as a severe fracture, brain damage, amputation and other significant bodily damage, would merit a case.
Since premises liability can be very challenging to prove, it’s important to consider talking with an attorney. The Arvada, Colorado, injury attorneys at D. J. Banovitz Personal Injury Law are concentrated in these types of cases and may be able to help an injured victim learn if he or she has a viable premises liability claim under Colorado premises liability statutes.