Premises Liability

Not Just Slip and Fall Cases

A premises liability case arises when a person is injured or killed on someone else’s property due to an unsafe condition. In Colorado the controlling law is often referred to as the “Premises Liability Statute,” but it is titled by the legislature as “Actions against landowners.” C.R.S. §13-21-115.

In premises cases, the state statute was expressly intended to “create a legal climate [to] promote private property rights and commercial enterprise and … foster the availability and affordability of insurance”. C.R.S. §13-21-115(1.5)(d). At the heart of Colorado’s Premises Liability Act (PLA) is the legal duties owed to an injured person depends upon what the “status” is of the victim.  Was the victim a “trespasser,” a “licensee,” or an “invitee.” Each classification is owed a different level of duty with the invitee being owed the higher duty of care, the licensee a more limited duty of care, and the trespasser owed a duty only against an intentional harm. The technical differences are very important.

Your lawyer must determine what the status is of the injured person in your case. Your lawyer must also be intimately familiar with other laws such as the doctrine of “attractive nuisance,” the limitations on liability of public agencies and governments under the Colorado Governmental Immunity Act (CGIA) and various statutes which govern recreation providers such as the Colorado Ski Safety Act, the Colorado Passenger Tramway Safety Act, and statutes especially pertaining to horseback riding stables and dude ranches, and also the statute governing dog-bite cases. All of these statutes have interplay with the Premises Liability Statute and may have overlapping or intersecting applicability.

How This Works

Every case begins with a story and we want to hear yours. Call and you will reach a partner of the firm, probably the one who will handle your matter. We will answer your questions, explain the legal basis for a possible claim and how we can help.

A careful case review will be performed by your lawyer to assess the strengths and weaknesses of your case.  Then the conclusions of this review are presented to you in a thorough, understandable manner.

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