Slip and Fall Cases In Colorado
If a person slips and falls on a landowner's property in Colorado, and they are injured as a result of the negligent acts or omissions of the landowner, then their ability to recover their damages against the landowner depends, in part, on their status with respect to the property.
Status On The PropertyThe status of the visitor on the property will be determined by the court to be either an invitee, a licensee or a trespasser. The duty of care that a landowner owes to the person that comes onto their premises depends on the visitors status.
The Landowner's DutyLandowners owe the highest duty of care to business invitees. The landowner is required to exercise due care to keep the property in a safe condition and to warn invitees of any danger that the owner knows or should have known about. The next highest duty of care is owed to a licensee. A licensee is a person who comes onto the property as a guest with the knowledge or permission of the property owner. Usually this would involve a person visiting another's home. The property owner must warn about known dangers. Usually these cases involve building or structure defects at homes or apartment complexes. The trespasser is owed the lowest duty of care by the landowner. Trespassers are on the landowners property without the permission or knowledge of the landowner. Landowners have a duty to not intentionally injure an adult trespasser.
BreachOnce the status of the injured person and the requisite duty owed by the landowner has been identified, then you must apply the facts to decide whether the landowner violated or breached his/her corresponding duty of care. One of the best ways to show that the landowner has breached his/her duty of care is determine whether the landowner violated a building code or safety standard.