If you own property, it’s important to understand that ownership comes with various responsibilities, including ensuring the safety of those who visit. One common concern we see at our nearby Colorado Springs law office is the potential for legal action if someone sustains injuries, particularly from a slip or fall on your property. There are a number of legal aspects related to premises liability and the ability to sue someone if you are injured on their property.
If you have sustained an injury on someone’s property due to negligence of some kind then it is worth it to speak with a premises liability lawyer near you as they will be able to determine if you have a case and could submit a personal injury claim for compensation to cover the costs incurred due to your injuries. If you live in Colorado Springs, CO, reach out to the team here at the Law Offices of Rodemer Kane online or call 719-437-7532 to set up a free case consultation.
Factors Affecting Whether You Can Be Sued By Someone Who Was Hurt On Your Property
People who are injured while on another person’s property, whether that be a neighbor, family member, friend, or somewhere public, fall under a type of law called premises liability. Premises liability is a legal concept that says a property owner is responsible for injuries that occur on their premises due to negligence. While the specifics of each situation can vary, property owners typically have a duty to maintain a safe environment for visitors, guests, or customers.
- Duty of Care – A property owner has a duty to provide a safe experience for all those who enter their premises. This duty requires taking reasonable steps to prevent hazards, perform necessary maintenance, and adequately warn visitors of any potential dangers on the property with appropriate signage or avoidance measures. Failure to uphold this duty may result in legal consequences if someone is injured on your property.
- Visitor Status – The legal status of the person while on your property is taken into consideration when determining liability. No matter whether they are an invitee, licensee, or even trespasser, it can impact the property owner’s liability. Invitees, people who have been invited onto the property for personal or business purposes will typically receive the highest level of protection, while trespassers typically have a more limited recourse.
- Proving Negligence – To have a successful premises liability case, the injured party must be able to demonstrate that the property owner was negligent in maintaining a safe environment. This involves proving that the owner knew or should have known about a hazard and failed to take reasonable steps to address it.
- Insurance Coverage – Homeowners and business owners often have liability insurance that provides coverage in the event of a premise’s liability claim. This insurance can help cover legal expenses and potential settlements, offering financial protection to property owners.
Common Types of Injuries That Can Occur on Someone’s Property
Property owners, whether residential or commercial, should be aware of common types of injuries that visitors may sustain while on their premises. Understanding these potential risks allows property owners to take proactive measures to reduce the risk of injury. Here are some of the most common types of injuries:
- Slip and Falls – Slip and fall accidents are the most common way someone can be injured on your property and typically result from wet or slippery surfaces, uneven flooring, or inadequate lighting. Whether it’s a spill that hasn’t been cleaned up promptly or a cracked sidewalk, property owners must address these issues promptly to prevent accidents. Learn more about the average Walmart slip and fall settlement.
- Trip and Falls – Similarly to slips and falls, tripping hazards, such as uneven flooring, torn carpeting, or cluttered walkways, can lead to trip and fall injuries. Property owners should ensure that pathways are clear and that any potential tripping hazards are promptly addressed.
- Staircase Accidents – Poorly maintained, or poorly designed staircases can pose significant risks to visitors to your property. Common issues include broken handrails, uneven steps, or inadequate lighting.
- Dog Bites – For residential property owners with dogs, the risk of dog bites exists. Even well-trained pets can become agitated or aggressive. Property owners should take precautions, such as securing their pets or posting warning signs, to prevent dog bite incidents.
- Swimming Pool Accidents – Residential property owners with swimming pools need to be aware of the additional risk they pose. Accidents such as slips, falls, or drowning incidents can occur if proper safety measures, including fencing and signage, are not in place.
- Falling Objects – Falling objects can cause serious injuries, especially in retail or industrial settings. Property owners must secure shelves, display units, and other items to prevent them from toppling over and injuring visitors.
By checking your property regularly and making sure you are aware of these common types of injuries to watch out for, you can make sure to take proactive steps to create a safe environment for visitors. Regular inspections, maintenance, and addressing potential hazards as quickly as possible are the best ways to reduce the risk of an accident occurring on your property.
Contact A Premises Liability Lawyer Near You in Colorado Springs
Property owners can be held liable if someone falls or is injured on their premises due to negligence. However, the specifics of each case vary, and liability depends largely on factors such as the property owner’s duty of care, the injured person’s legal status, and the ability to prove negligence. To minimize the risks and possibility of being sued, property owners should prioritize regular maintenance of their property and address any safety hazards as soon as they are discovered.
If you’ve been injured while on someone else’s property in Colorado Springs due to the negligence of the property owner then it is best to speak with a personal injury lawyer. With their expertise in personal injury law and premises liability, our dedicated personal injury attorneys can guide you through the legal process, and help you move forward on the path to recovery. If you have been injured in a slip and fall or some other accident or have any more questions about premises liability cases in Colorado please contact the Law Offices of Rodemer Kane online or call 719-437-7532 to book a no obligation free case consultation. We are happy to work with you and answer any questions you might have.