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Premises Liability Law: How It Works

Posted by attorney Donald Banovitz

If you are injured while on someone else’s property, your injuries will most likely be covered under the property owner’s insurance, depending on the reason for why you are visiting the property. For the most part, the property owner has a duty to keep their property free from hazards and take precautions to ensure visitors can access the property safely. However, the duty of the property owner depends on why the person is on the property. This is the way Colorado premises liability law operates.

Colorado premises liability law and Colorado negligence law are one in the same in the law books. Injured people can be compensated by the landowner, since it is the landowner’s responsibility to keep the land safe. If there is hazard on the property, the owner needs to take necessary precautions to keep those on the property free from harm.

Three Types of Parties

According to Colorado premises liability law, the duty of the property owner depends on if the person is an invitee, licensee, or trespasser.

  • Invitee – This includes anyone invited to the property, such as customers. The property owner has a duty to warn invitees of any dangers, as well as inspect the property beforehand to uncover any dangers. They also have the responsibility of helping any invitee in danger. This situation is when liability is the greatest.
  • Licensee – This refers to someone who is on property not open to the general public. Any guests on the property, such as friends, neighbors, and family members, are considered licensees. The property owner must exercise care to warn licensees of any dangers on the premises.
  • Trespasser – This refers to anyone who enters the property uninvited. If the property owner is unaware of the trespasser, then they have no duty to inform the trespasser of any dangers. However, if they are aware of the trespasser, they must warn him of any dangers.

Therefore, a property owner has the duty to warn anyone who enters their property, whether invited or uninvited, of any possible dangers.

What to do if You Are Injured

If you are injured on another person’s property, there are several steps you should take to ensure you are paid proper damages for your injuries. First, file an accident report so there is record of the accident. Make sure to preserve the evidence. This means taking photographs, saving any related documents, and keeping written notes or statements showing what happened. Then, get the contact information of any witnesses. Lastly, be sure to save medical bills and any other expenses you paid in relation to the accident. If you are injured badly enough to require medical care, see a doctor right away. Waiting too long can hurt your medical condition as well as your case.

If you have questions about Colorado premises liability law, contact the Law Office of D.J. Banovitz. He is a personal injury lawyer who is well versed in Colorado premises liability law. Contact him today at (303) 300-5060 and request your free booklet, 7 Costly Mistakes that can Ruin Your Colorado Injury Case.

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