If you were injured in a slip and fall accident, you can sustain the same injuries you could have in a vehicle accident. You may be unable to work, support your family, or pay your medical bills, leaving you in an impossible position. But you have options. And that is why it is imperative you contact Beck Law to get you the best legal representation in Colorado in a Premise Liability case.

Colorado Premises Liability Act

When a person is injured or killed on another person or entity’s property because of the property owner’s negligence, that person can bring a personal injury claim under the Colorado Premises Liability Act. Although this law falls under the general “negligence” realm of the law, it has different requirements and elements that must be met to be successful in a claim.

Classification of the Plaintiff (You)

How you are classified under a Premise Liability claim determines whether the property owner can be held responsible for your economic and non-economic injuries, 

Under Colorado premises liability laws, a person injured on property of another falls into one of three categories related to the reason they were on the land in the first place. The injured party can be a “trespasser,” a “licensee,” or an “invitee.” Each category carries the property’s level of duty to you. Each category has different requirements to prove a claim  under the Colorado Premises Liability Act.

Invitee

The highest level of duty to a person on someone else’s property is to:

• a person who enters or remains on the land of another to transact business in which the parties are mutually interested or
• who enters or remains on such land in response to the landowner’s express or implied representation that the public is requested, expected, or intended to enter or remain.

Invitees have the highest protection from a property owner’s negligent acts and generally have the best chance of obtaining compensation for a premises liability claim.

Invitees are customers or tenants. For example, when you shop at a grocery store, eat at a restaurant, go to a movie theater, or shop at a convenience store, or are a tenant in an apartment/condo, you are considered an invitee. You are there for your and the property’s mutual benefit.

An invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.

Licensee

A property owner owes a licensee a more limited duty of care. A licensee is someone who enters or remains on a property with the permission of the property owner. i.e.) social guest.  If you were injured as a guest at someone else’s home, you are usually considered a licensee.

These claims are more difficult to prove considering the property owner’s duty to a licensee is

• By the landowner’s unreasonable failure to exercise reasonable care with respect to dangers created by the landowner of which the landowner actually knew; or
• By the landowner’s unreasonable failure to warn of dangers not created by the landowner which are not ordinarily present on property of the type involved and of which the landowner actually knew.

The difference between a duty owed to an invitee vs. a licensee is that landowners have to have ACTUAL KNOWLEDGE of a dangerous condition on their property.  This can be a very difficult element to prove.

Trespasser

A trespasser enters or remains on the property of another without the property owner’s consent. It is much more difficult for a trespasser to recover damages for a claim under Colorado premises liability law. The exception to this is if injuries or damages were deliberately or willfully caused by the property owner.

This classification falls under the legal realm of intentional tort, not negligence.

Common Causes of Slip/Falls

Slip and fall accidents can happen anywhere, at a business, at work, or even at a person’s home. There are many reasons falls can happen. Some hazardous conditions that commonly cause these types of accidents include:

• Poor lighting
• Broken rails in stairways
• Wet floors
• Slippery substances
• Torn carpeting
• Loose floorboards
• Uneven walkways
• Damaged driveways or sidewalks
• Unmarked hazardous areas
• Other unsafe conditions (icy ground or pooled water)

What do I do after a slip and fall accident?

If you have been injured in a slip and fall accident on someone else’s property, the steps you need to take will vary depending on the circumstances, but may include:

• Seek immediate medical attention (MOST IMPORTANT)
• Report the accident to the landlord or manager in charge (IN WRITING)
• Inspect the scene to see what may have caused the fall
• Take photos of the scene
• Gather names and contact information of witnesses
• Take notes on how the accident occurred while it’s still fresh in your memory
• Complete an accident report, so there is documentation

Although it’s important to do these things immediately following a fall, you should always prioritize your medical needs above all. Seek emergency assistance and ask for help if needed and call the Best Slip and Fall Attorney in Colorado, Beck Law.