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Premises Liability

Colorado Springs Premises Liability Lawyer

Slip & Fall, Negligent Security, and Related Accidents

Under the 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 wrongful death.

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 Colorado Springs 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 100 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 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 statutes 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. An 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 premises liability 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 pursue compensation?

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 a Colorado Springs premises liability 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.

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