You can hold several types of property owners accountable if you were injured on their premises. In some cases, it’s even worthwhile making a claim against the homeowners insurance of a friend or family member.
Making such an insurance claim does not penalize your friend or family member (besides a slight possible increase in premiums). Your injury, whether from a dog bite, fall or cut, is exactly why homeowners insurance exists. Accidents happen.
When you are seriously injured on someone else’s property, the property owner is almost always liable for your injuries and the resulting costs of your recovery. However, whether you are making a claim against a homeowner or business, recovering the maximum compensation you deserve is never a sure thing.
The insurance company will always work aggressively to limit the compensation it pays you. And your claim may initially be denied completely.
What Is A Premises Liability Injury?
At Flesch & Beck Law, our lawyers will help you thoroughly understand your unique case and assist you in making informed decisions throughout. Types of premises liability incidents include:
- Trip-and-fall and slip-and-fall accidents
- Animal attacks (including dog bites)
- Unsafe and hazardous property conditions, such as poor lighting, cracked or uneven walkways, torn carpet, falling merchandise, broken steps or railings, slippery floors, inadequate security, potholes in parking lots and other hidden hazards
- Dram shop or bar liability, which involves a bar or restaurant serving an obviously intoxicated patron who then proceeds to cause you injury
Our attorneys handle slip-and-fall injuries and other premises liability cases in metro Denver and throughout the Colorado Front Range. We bring claims and lawsuits against owners of retail stores, restaurants, supermarkets, parking lots, bars and other commercial entities; governmental entities; and homeowners.
Slip-And-Fall Injuries Can Be Serious
The circumstances might seem embarrassing, but injuries from falling can nonetheless be quite debilitating. We know that recovering from a slip-and-fall accident can take a long time and can create significant financial and personal hardships.
Property owners are responsible for the safety of visitors and patrons. Under Colorado statute, owners are liable for injuries if they created, knew of or should have known of a dangerous condition that posed a risk to the public.
Was there a formal complaint prior to your accident? Did the owner have adequate time to clean up or repair the scene of your accident?
We encourage you to reach out to us for a free case evaluation if your slip-and-fall or trip-and-fall involved:
- A slippery floor (spill, leak, food, waxing/mopping)
- Sidewalk snow and ice
- Potholes or raised concrete
- Broken steps or railings
- Torn carpet or another tripping hazard
- Poor lighting
- Falling merchandise
When our attorneys get involved early, they take swift action to document the dangerous condition before it is remedied or covered up. They obtain photos, witness statements, surveillance video and other evidence, and they research prior complaints or code violations for similar safety lapses.
Our Team Is Committed To Your Full Recovery
Our lawyers will take prompt steps to establish liability, but it is important to let your medical treatment play out. Rather than opting for a quick settlement, our team will want to be sure that your compensation reflects:
- Future medical care
- Loss of income and earning potential
- Any permanent injury
- Damages for pain and suffering you’ve endured
Our attorneys help clients at every stage of the legal process in hopes that they will be able to focus on healing rather than worrying about legal matters.
What Is Dram Shop Liability In Colorado?
There are a number of things to consider if you have been injured by a drunk driver or a visibly intoxicated person who has been served alcohol at a bar or restaurant. You have legal options to obtain compensation for your injuries, but only under certain circumstances. These include the following:
- You must prove that the drunk person acted negligently or recklessly and that their negligent or reckless actions caused your injury.
- You must prove the value of your injury and resulting losses.
- You must prove that the drunk person was either under 21 years old or “visibly intoxicated” (identifiably drunk by a reasonable person) and that the establishment knowingly provided alcohol to the person.
- You must bring a civil action legal claim within one year of the incident.
Any adult who knowingly provides alcohol to a person under 21 years old, regardless of where or how the alcohol was provided, can be liable for injuries caused to others. Evidence of dram shop or bar liability requires analysis of any police report, blood alcohol level (BAL) test results and the scene of the incident. It requires witness testimony and, possibly, receipts from the patron and seller.
Proving your damages requires providing evidence of negligence, establishing the value of your injuries and losses in full, and collaborating with medical, vocational and life-planning experts, as necessary.
Trying to pursue such a civil action on your own or with an inexperienced attorney is ill advised. There is a high burden of proof in dram shop liability cases, for which the representation of an attorney with extensive experience is crucial.
What You Need To Know For Your Injury Claim Involving An Unsafe Or Hazardous Condition
Virtually every property owner has a duty to maintain reasonably safe conditions on their property. In many cases, whether you were invited onto the property makes little difference. For example, if a property owner failed to adequately install a fence to keep children out of a swimming pool on the property and a child drowned or suffered an injury in the pool, the property owner could be held liable for the costs.
Several elements are necessary to prove property owner negligence in any premises liability case.
- The property owner or property manager was aware of an unsafe or hazardous condition but neglected to fix it in an appropriate amount of time.
- The property owner or manager did not properly warn visitors of the danger.
- The property owner or manager should have reasonably known about the danger.
- The unsafe or hazardous condition was the cause of your injuries.
You need evidence of negligence and an accurate valuation of your past, present and future damages related to the injury if you wish to recover the maximum compensation you deserve.
Please call Flesch & Beck Law at 720-386-1541 to speak with an attorney about your claim. We are available 24/7 by phone and offer free consultations.
What Is An Unsafe Or Hazardous Property Condition?
Such conditions come in many forms for many types of properties. It is best to consult an experienced lawyer about your unique injury situation, but there are several common types of dangerous property conditions that cause injuries, including:
- Wet and slippery floors
- Icy sidewalks and parking lots
- Cracked or uneven sidewalks or walkways
- Torn or folded carpets
- Uneven floors or entryways
- Uneven stairs not properly marked
- Obstacles or merchandise in store aisles
- Faulty elevators or escalators
- Stairwells lacking adequate handrails
- Improperly lit hallways, stairwells, walkways or parking lots
- Inadequate security
- Improperly fenced swimming pools, construction sites or homes under renovation
Reasonable safety precautions must be taken by property owners and managers to safeguard all potential visitors to their property. If you or a relative has suffered any type of injury on someone else’s property, including assault or a sex crime, it is critical that you speak with an experienced lawyer.
Maximum Compensation Requires Maximum Advocacy
No insurance company is going to agree with your demand for compensation from the beginning, regardless of the skills and reputation of your lawyer. If you think the government is difficult to deal with, wait until you encounter an insurance defense lawyer.
Luckily, your exposure to the nitty-gritty aspects of the legal process and negotiations will be minimized with the representation of our attorneys. Although you may have to attend a few meetings with the opposition and, possibly, court hearings if your case cannot be settled for an appropriate amount, our lawyers will handle all communications with insurance companies and all legal aspects of your case. They will even help you find the best possible medical care available for your injuries.
At Flesch & Beck Law, we have been providing representation to injury victims throughout Colorado’s Front Range for over 20 years. Our attorneys represent people injured on residential, commercial, industrial and government property. Where you are injured can make a difference. Statutes of limitations are strict in many cases and especially in those against a governmental body.
Bring your claim to the attention of an attorney as soon as possible and before you have made any recorded statements with an insurance representative. Do not admit fault.
Answering Your Questions On Premises Liability
One of the most enduring aspects of any personal injury is the questions victims have for their attorneys. At Flesch & Beck Law, we want to answer your questions quickly and with as much accuracy as possible. We will help get the information you need to move forward.
What Situations Can Lead To Premises Liability Claims?
They could include:
- Slips, trips and falls
- Animal bites/attacks
- Swimming pool injuries/accidents
- Amusement park accidents
- Elevator/escalator accidents
- Retail/restaurant liability
- Water leaks or flooding
- Toxic fumes or chemicals
- Dram shop or bar liability (if a bar or restaurant over-serves someone who caused your injuries)
- Ski hill injuries
What Types Of Damages Can I Recover?
Injuries that happen because of dangerous conditions on a property can lead to lost wages and very costly medical expenses. If you can prove your claim, you might be able to recover the compensation you need.
You could recover: lost wages; medical bills; future medical costs; physical therapy; prescription costs; pain and suffering; and loss of companionship if someone died.
I Got Hurt In A Store. Can The Store Be Held Responsible?
Possibly. If you suffered injuries because of the store’s negligence, you may be able to recover damages. In negligence cases, you must determine if the hazard was known or knowable and if they failed to appropriately respond. It also must also be determined if you, as a reasonable person, could have recognized the hazard and should have been able to avoid it.
I Was Mugged In My Apartment Complex. Can I Sue The Owner?
It depends on what the property owner knew. Were appropriate safety measures, like lighting, locks and cameras, in place. You will need to prove that the landowner was on notice that an unsafe condition existed and yet did nothing. Was there is a history of assaults in the complex?
How Can I Prove My Premises Liability Claim?
You must prove:
- Dangerous conditions existed for an extended period; and that the owner knew about them, should have known or caused the problem.
- Your injury was caused by the owner’s negligence or their carelessness contributed to it.
- The owner’s negligence was a larger contributing factor than your actions.
What should I do after I am injured on someone else’s property?
When you receive injuries on another person’s property, you must first get medical treatment. No matter how serious you think the injury is, you cannot know the full extent of the damage until a doctor medically assesses you. After that, speaking with a skilled attorney can make a significant impact on your chances. Let your lawyer take on the difficulty of pursuing compensation so that you can focus on healing and getting back to your life.
Why should I hire a premises liability lawyer?
When you are injured on someone else’s property, your time and energy should be spent on healing and recovery. When you hire a premises liability lawyer, you are getting an ally who will take over the legal side so that you can focus on what is most important.
These cases can often get complicated, especially when multiple parties are involved. Our attorneys at Flesch & Beck Law have the experience to navigate these complex cases in order to pursue compensation for your injuries.
How can a Denver premises liability attorney help you?
One of the most important ways a Denver premises liability attorney can help you is by taking on the difficulties of managing your case. Yes, they’ll keep you informed, but they will also take on the stress of your case on your behalf.
A significant benefit of choosing a Denver lawyer, however, is how effective they can be on your behalf. An experienced local attorney understands the local courts and judges and can craft a case to take advantage of that information.
Why choose Flesch & Beck Law?
At our firm, we provide a client-focused model of representation. Our lawyers place our clients’ needs and priorities at the center of what they do. They build their legal strategies around the goals that our clients choose.
Our attorneys are on your side at every single part of your case, and their experience and versatility in personal injury law allow them to pursue maximum compensation on your behalf.
Securing Your Compensation – Get Top Legal Representation
Our team will work quickly to investigate your injury claim, collect evidence and establish the full and fair value of your claim. Photos, witness statements, video surveillance footage and maintenance records are all important pieces of evidence that our attorneys will work to obtain before any possible alterations can be made.
Call us as soon as possible for protection, support and advocacy. Contact our offices in Denver and Englewood by calling (303) 806-8886 or reaching out online. We are available 24/7 by phone and offer free consultations both over the phone and in person.
All personal injury claims handled by our attorneys are taken on a contingency fee basis, which means that we collect a fee only if they secure a settlement or verdict on your behalf. We also take on all costs of investigation and litigation as our team guides you through the legal process.