Colorado Springs Premises Liability Lawyer
Slip & Fall, Negligent Security and Related Accidents
Under law, a property owner can be held liable for injuries suffered on
his or her property provided that certain circumstances are met. The fundamental
concept of premises liability is that the property owner is expected to
take reasonable precautions to ensure that guests, patrons, or tenants
are not exposed to any risk of serious injury or death while lawfully
present upon the property. If the proprietor knew, or should have known,
about the conditions that caused the accident yet failed to do anything
to handle or repair the situation, then you may have grounds to sue for
personal injury or
Common Examples of Premises Liability Claims
Premises liability may apply in a wide variety of cases, but certain types
are more common than others.
Slip and fall accidents are perhaps the most widely recognized example. This can include
property conditions such as:
- Slippery floors (due to ice or some other type of liquid)
- Broken or cracked flooring (pavement, stairs, sidewalks, etc.)
- Lack of adequate handrails
- Failure to mark or warn visitors of hazards (ex: "Slippery When Wet")
Property owners, operators and managers are responsible for taking care
of these safety hazards as soon as possible or at least making sure there
are adequate warnings in the meantime. Visitors and those licensed to
be on the property who are injured due to this type of negligence could
bring premises liability claims against the property owner.
Other examples include swimming pool accidents involving pools without
four-sided fencing and self-latching gates to keep unsupervised children
out, as well as certain cases of
dog bites when the landlord knew that the dog had a propensity for displaying violent behavior.
If you or a loved one has been injured and you believe that you may have
grounds to file a premises liability claim, then come to Clawson &
Clawson, LLP for help. A skilled personal injury attorney from our firm
can meet with you for a free consultation to determine whether you have
a case and to discuss the amount you could receive in an insurance settlement
or jury verdict. Our attorneys have earned accolades including membership
in the prestigious Multi-Million Dollar Advocates Forum® and we have
more than 120 years of combined experience.
Questions & Answers About Premises Liability Law
Premises liability law is full of complexities that can make cases of this
nature difficult to understand, especially if you attempt to do so without
the guidance of a professional personal injury attorney. To help you better
understand the ins and outs of premises liability law and how it might
apply to the aspects of your injury claim, we have prepared a sample of
questions and answers about premises liability cases. Read below to learn more.
Can a venue be held legally responsible for the victimization of an individual
during criminal activity that was conducted at the venue?
Typically, venues such as hotels cannot be held liable for a crime that
was committed on or near the venue's property. If, however, it can
be proven that the crime was in some way anticipated, and thus could have
been prevented against, then there might be justification for holding
the venue liable. For example, if the location of the venue or hotel is
situated in an area known for its high criminal activity, then sufficient
warnings and tight security measures must be made.
Failure to meet the safety requirements and security measures expected
of a venue could result in criminal activity, injury to a victim, and
consequently, a premises liability claim. A claim of this nature might
also be applicable if it can be proven that the venue failed to install
the proper safety measures to protect against the potential for crime,
i.e. locks on windows and doors, well-lit parking areas, etc.
Can I sue the city if I slipped on glass that was on a city sidewalk and
was injured as a result?
This type of case can be very tricky because the state government often
enacts statues which give local government entities immunity from lawsuits
that might be made against them. If no such statute exists, then a liability
case of this nature will be permitted to proceed. A personal injury attorney
at our office can review the details of your case, including the location
in which the incident occurred.
In general, municipalities have a duty to regularly maintain city streets
and sidewalks. If it can be shown that the city in some way neglected
the duty to repair a local street or sidewalk, thus leading to your injury,
then a liability case will hold much more sway in court. In the event
that your case meets these conditions, you should immediately seek the
help of a professional personal injury lawyer in Colorado Springs because
a very strict set of deadlines and procedural requirements come along
with claims of this nature.
I was injured while attending a party at my neighbor's house. Can I
Depending on the condition upon which you attended the party, and the
details of the party itself, you may be able to seek compensation for
an injury that was sustained while attending a party on another person's
property. Any homeowner who invites a guest over to their house is obligated
to inform their guests about any potentially dangerous conditions that
knowingly exist in the house or somewhere on the property, especially
if these are hazards that the guest might not otherwise recognize.
If you were injured during an incident that could have been avoided if
you had been warned of the preexisting condition ahead of time, then you
may be able to take legal action. If you can prove that the accident in
which you were injured is one that was caused by a dangerous condition
that the host likely should have warned you about, then a premises liability
suit may be in order.
Is premises liability the right type of claim to make if I was attacked
at a bank while withdrawing money from an ATM?
In many cases, the answer to this question is yes. In the past, the legal
theory of premises liability law has certainly been called upon to file
suit against a bank in the event of an attack that occurred on its premises.
The assumption that banks should be responsible for providing security
against any potential crime that might occur on its property is becoming
more and more common.
In cases of this nature, it will be up to the judge or jury to determine
if a history of past attacks at the site made your attack one that should
have been anticipated and protected against accordingly. In essence, if
it can be proven that the likelihood of a crime was foreseeable, then
it will be assumed that the bank had a duty to protect people against
any type of criminal activity that might ensue, thus making the facility liable.
Contact a Premises Liability Attorney Today
We want to reiterate the fact that the above set of questions and answers
is only a small subset of the many questions about premises liability
law that we receive on a regular basis. If the answers provided above
do not pertain to the specifics of your accident, then you should feel
free to contact our office to further discuss the details of your case
with an injury lawyer at our firm. Upon closer inspection of the intricacies
that were involved in your accident, we can determine whether or not a
claim for premises liability exists.