In Colorado, property owners can be held financially responsible when someone is injured due to dangerous or poorly maintained conditions on their premises. The state’s Premises Liability Act establishes whether injured individuals may seek compensation after such an injury. It also defines the legal responsibilities that property owners owe to different types of visitors.
Overview of Premises Liability in Colorado
To succeed in a premises liability claim in Colorado, the injured party must prove the property owner was negligent in maintaining their property in safe condition. This requires proof of four elements:
- The property owner owed a legal duty of care to the visitor
- They breached this duty by failing to warn of or fix a dangerous property condition
- The hazardous condition directly caused the visitor’s injury
- The injury led to damages
However, the level of care a property owner must exercise depends on the visitor’s legal status and their reason for entering the property. Colorado law distinguishes between invitees, licensees, and trespassers, and each group is owed a different level of protection.
Invitees
Invitees are individuals who enter a property for the mutual benefit of themselves and the property owner, typically for commercial reasons. This category includes customers in a retail store, diners at a restaurant, or fans attending an event at a stadium.
Property owners owe invitees the highest duty of care, which includes:
- Regularly inspecting their property for potential hazards
- Promptly fixing known dangers
- Clearly warning visitors of unsafe conditions that cannot be immediately repaired
If an invitee is injured due to a hazard that the owner knew or should have known about, the property owner may be liable for resulting injuries.
Licensees
A licensee is someone who is legally on a property for a non-commercial purpose. The classic example is a social guest visiting a private home. With licensees, property owners are not required to inspect the premises for hidden dangers.
However, they must warn licensees of known, non-obvious hazards and avoid creating dangerous conditions.
Trespassers
Trespassers are individuals who enter a property without the landowner’s permission. In most cases, property owners do not owe a duty to protect trespassers from unsafe conditions.
However, they cannot intentionally cause harm to trespassers. Additionally, an exception exists for child trespassers under the “attractive nuisance doctrine.” If the property has a feature or structure likely to draw children, the owner may be required to secure the area to prevent injury. Swimming pools and trampolines offer two examples of a possible attractive nuisance.
Colorado’s Premises Liability Act
Compensation Available in Colorado Premises Liability Claims
In a premises liability claim, injured parties may be entitled to economic and non-economic damages.
Economic damages compensate for financial losses and may include:
- Medical bills (past and future)
- Lost wages
- Loss of earning capacity
- Physical rehabilitation
Non-economic damages compensate for personal, non-monetary losses such as:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Loss of consortium
These damages are meant to put you as close as possible to the position you were in before the accident. They are designed to “make you whole.”
Comparative Fault Rules in Colorado
Colorado follows modified comparative negligence rules in premises liability cases. Thanks to these rules, you may still recover compensation If you were partially at fault for your slip and fall, but only if you were less than 50% responsible.
However, your compensation will be reduced by your percentage of fault. For example, if you’re found 20% responsible for your injuries, your compensation will be reduced by 20%. But you cannot recover any compensation if you are found to be 50% or more at fault.
Contact a Colorado Premises Liability Lawyer for Help
If you were injured on another party’s property, Colorado’s premises liability laws will determine your right to compensation. An experienced Centennial premises liability lawyer can help you evaluate whether you have an injury claim against the property owner and identify all compensation you are owed.
Contact Legal Help in Colorado to schedule a free consultation to learn more about your legal options.