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Colorado Springs Premises Liability Lawyer | Kimball Injury Law

Colorado Springs Premises Liability Attorney

Representing Clients in Their Fights Against Negligent Property Owners

When you visit someone’s home or run errands, you go about your business assuming that the places you are going are safe and well-maintained — but this isn’t always the case. While people have a duty to ensure that any publically accessible areas are free of any dangers or hazards, this duty is often neglected. If you were injured due to a poorly maintained property or a hazard that the owners should have known about and addressed, you may have a premises liability case.

When you’ve been injured at someone’s home or place of business, Colorado premises liability lawyers can help you get the compensation you’re entitled to. Call Kimball Injury Law to schedule a consultation and learn more about the services our firm provides.

What Are Premises Liability Cases?

A premises liability accident happens when someone is injured on someone else’s property due to the owner’s negligence. These cases are governed by the Colorado Premises Liability Act, which is Colorado Revised Statutes § 13-21-115. It defines a landowner as someone who is the authorized agent of the property or who is legally responsible for the condition of the property. It divides visitors to the property as either invitees, licensees, or trespassers, and how a visitor is defined affects how the law applies. Premises liability law falls under the personal injury category in civil law.

What Do You Need to Prove a Premises Liability Claim?

To prove a premises liability case, you need to prove four elements:

  • The defendant had a duty of care to the plaintiff
  • The defendant breached that duty
  • The breach of duty directly caused the plaintiff’s injuries
  • The plaintiff suffered damages

Here’s an example of a common scenario. The defendant is a business owner who has a duty of care to the visiting customers to ensure that the floor is free of hazards. The defendant was aware that there was a spill on the floor that made it slippery but did not clean it up or put up a sign warning customers. A customer slipped and fell and broke their leg. The broken leg required surgery and physical therapy, and the customer had to miss 2 weeks of work — all totaling $50,000 in medical bills and lost income. The customer can sue the property owner for the $50,000.

Premises liability claims also have a different burden of proof than criminal cases. Many people are familiar with “beyond a reasonable doubt,” but in civil cases, the burden of proof is “a preponderance of the evidence.” This means that the evidence shows that the defendant was more likely to have acted negligently and been responsible for the plaintiff’s injuries than not.

What Is Modified Comparative Negligence?

It’s very common in premises liability cases for the property owner to claim that the accident was the fault of the injured party. But even if this is true, you may still be able to file a premises liability claim. Colorado applies modified comparative negligence to these cases, which means that a victim who was partially at fault for the accident can still file a claim as long as it was less than half. This means that as long as the property owner’s failure was at least 51 percent of the cause of the accident, they can be held liable for damages.

How Long Do I Have to Decide to Bring a Case Against a Property Owner?

Each state has its own time limit for how long you have to file a premises liability lawsuit, and in Colorado, this is two years. In most cases, the timer for the statute of limitations begins on the day of the accident. While it’s important to talk with an attorney as soon as possible after the accident, they may advise you to wait a bit before filing your claim. This ensures you have enough time to get a full understanding of your injuries and medical expenses before filing.

Pursuing legal action against the negligent party while you’re recuperating from your injuries can be difficult, but working with an experienced premises liability attorney can make it easier. Schedule your initial consultation with attorney Jake Kimball when you contact Kimball Injury Law at 719-748-6155 today.