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Premises Liability Lawyer in Denver
Colorado has a specific statute that governs almost all cases where a person is injured because of some dangerous condition on another person’s property. It is commonly known as the Premises Liability Act, or PLA for short. As a premises liability attorney in Denver, John Fuller is very familiar with the nuances of this act and how it can help his clients recover from an injury caused by no fault of their own.
Under the PLA, the state legislature set different standards of care for property owners based on the status of the person on the property. For example, the duty of care owed to a customer of a business is higher than what would be owed to a trespasser. For most cases, people will have the status of “invitee,” a specific legal term usually meaning the parties were mutually interested in transacting some form of business. Think of a customer who visits a store.
For an invitee, a landowner is responsible for his unreasonable failure to take reasonable steps to protect against a slip and fall accident he or she knows of or should have known of. This standard can be manipulated easily by savvy insurance companies to defend almost any claim. Additionally, most common law defenses, such as comparative negligence, attractive nuisance, failure to keep a proper lookout, are frequently used by insurance companies trying to deny claims.
If you have been the victim of a slip and fall accident, you may have questions about premises liability and your legal rights. Here are some questions that we frequently receive from clients:
What is premises liability law?
In Denver, premises liability law is the body of law which outlines the legal responsibilities of property owners or possessors when someone is injured while present on the property. Property owners may be liable for injuries to others resulting from failure to maintain a safe property or to warn visitors of potentially dangerous property conditions.
What is a premises liability claim?
If you are injured while on somebody else’s property, you may be able to file a premises liability injury claim (also called a slip and fall claim). If the property owner is found to be responsible for your accident, you may receive financial compensation for your injuries and other related expenses.
What situations qualify for a premises liability claim?
One of the most common reasons for filing a premises liability claim is a slip and fall injury. Other common situations include those resulting from cracked or elevated sidewalks, missing handrails, inadequate lighting, swimming pools, animal attacks, falling trees, inadequate security, products falling off of store shelves, and dangerous construction sites.
How much compensation will I receive for my injuries?
The type and amount of damages awarded for a slip and fall lawsuit in Denver will depend on many factors including the extent of your injuries, the accident circumstances, and the amount of insurance coverage available. You and your family may be entitled to damages for medical expenses, lost wages, as well as pain and suffering.
What should I do if I have been injured on someone else’s property?
This may seem obvious, but you should seek medical attention immediately. You should maintain detailed written records of all the events and expenses related to your accident and injury. It is important when in Denver to contact a qualified slip and fall attorney to find out if you have a valid case against the property owner.
How long do I have to file a premises liability claim?
The statute of limitations varies in each state. In Colorado, a personal injury claim for premises liability must be filed within two years of the date the injury occurred. State statutes are subject to change and may vary according to circumstances, so you should consult a Denver slip and fall lawyer as soon as possible.
It is virtually impossible to handle a premises liability case without competent legal counsel. Almost every PLA case will go into litigation before it gets resolved. Do not delay contacting Fuller Law if you are the victim of an injury on someone’s property. Often there is video surveillance of falls that only will be preserved for a short period of time if an attorney is not involved in representing your interests. If you have had an accident similar to any of these situations, contact John Fuller. a premises liability lawyer in Denver can help you receive the compensation for your slip and fall accident. Fuller Law will go above and beyond to gather the evidence and navigate everything else associated with a premises liability claim.