Denver Premises Liability Lawyers
Colorado Springs Slip & Fall Accident Attorneys
Most states have a premises liability statute, which provides the duty of care owed by a landowner. In Colorado, this statute is the Colorado Premises Liability statute, C.R.S. §13-21-115. Under this statute, the duty of the landowner depends upon the status of the injured party: whether a trespasser (a person who enters unto the land of another without the landowner's consent), a licensee (a person who enters unto the land of another with the landowners consent but for the person's own convenience or purposes) or an invitee (a person who enters onto land of another to transact business in which both the landowner and the person have an interest).
If you have been injured because of a dangerous condition on another's property, you need experienced attorneys who understand the application of Colorado premises liability law. At Chalat Hatten & Koupal PC, we have the experience to successfully pursue such claims and would welcome the opportunity to help you. Contact a lawyer at our firm today to schedule a consultation.
Premises liability claims often are slip and fall accidents, where dangerous conditions such as torn carpeting, changes in flooring, poor lighting, narrow stairs or a wet floor can cause someone to slip and hurt herself inside a building. Other instances of slip and fall incidents can occur when people trip on broken or cracked public sidewalks, or trip and fall on stairs or escalators. In addition, a slip and fall case might arise when someone slips or trips and falls because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.
Many states (including most of the states here in the Rocky Mountain west, which have large, influential, outdoor recreation industries), have "Recreational Use" statutes on the books, which shield private rural landowners from most tort liability for damages suffered by those who come onto their land, free of charge, to pursue recreational activities. Exceptions to this protection may exist; with experienced lawyers you can determine whether you have a viable claim.
- A trespasser may only recover for damages willfully or deliberately caused by the landowner.
- A licensee may recover for injuries caused by the landowner's unreasonable failure to warn of unusual dangers not created by the landowner of which the landowner actually knew.
- An invitee may recover only for injuries caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known. Where invitees are involved, no concern is given whether the danger that caused the accident is ordinarily present on the property of the type involved.
This area of law is constantly evolving, demonstrated by a 2005 case in which the court held that C.R.S. §13-21-115 preempts the common law creation of both landowner duties and defenses to those duties. Consequently, the open and obvious danger doctrine was not allowed to be asserted by a landowner as a defense to a premises liability lawsuit. Vigil v. Franklin, 103 P.3d 322 (Colo. 2004). Then, in 2006, the Colorado State Legislature passed a bill which explicitly allowed application of the doctrines of contributory negligence and assumption of risk. Obviously, if you wish to pursue a Colorado premises liability claim you need lawyers experienced and informed as to the current state of premises liability law, and Chalat Hatten & Koupal offer that experience and knowledge. Contact us today.
Examples of Our Success
Slip and Fall in Parking Garage
Beverly Ruud was walking to her car after work when she slipped on a patch of ice in the covered garage. Ms. Ruud suffered a trimalleolar (ankle) fracture requiring three surgeries, with the potential for future procedures and impairment looming.
Through the discovery process, Chalat Hatten & Koupal PC was able to determine that the ice formed due to a leaking pipe which was part of the building's fire prevention system. We were able to show that Legacy Partners, the building manager, and its subcontractors had actual knowledge of the dangerous condition but failed to correct it. We were able to achieve a confidential settlement without the need for a trial.
Slip and Fall at Condominium Complex
On December 26, 2006, Christina Houston slipped and fell on a patch of ice on an otherwise cleared sidewalk. There were no posted warnings, the area was poorly lit and there had apparently been no attempts to make the walkway safe by sanding or salting.
She sustained a broken ankle, which was set with six screws and a metal plate. Chalat Hatten & Koupal was able to secure settlement of $34,000.00 from the homeowner's association and its subcontractors.
Slip and Fall at Doctor's Office
Gayle Crow, a 69-year-old woman who walked with a drop foot resulting from a botched surgery, tripped and fell on the sidewalk outside a doctor's office. The concrete slabs of the sidewalk had settled well below the curb level and outside of code specifications, creating a dangerous defect in the sidewalk.
Ms. Crow landed on her head, causing traumatic brain injury with pneumocephalus, a basilar skull fracture and temporal lobe hemorrhage. Additionally, she sustained a permanent hearing impairment. Despite the strong public sentiment against granting large jury verdicts in these types of cases, we secured settlement in the amount of $35,000.00 and agreed to a reduction in attorney's fees.
Contact an attorney at Chalat Hatten & Koupal PC today.
"Past results are no guarantee of future results."
