Breckenridge Premises Liability Lawyers
What is Premises Liability?
Premises liability cases are when an injury or loss of life occurred on another party’s property. A property owner, or party in possession of a property that is responsible for it may have failed to keep the property safe for visitors, guests, employees, clients, or customers. When a serious injury is the result of negligence, a claim or lawsuit can be filed to pursue damages.
Premises Liability Cases
Several types of injury cases fall under the umbrella of “premises liability,” including:
- Slip and Fall Accidents
- Dog Bites
- Lack of Adequate Security
- Pool Drownings
- Falling from an Elevated Area
- Unsafe Walking Surfaces
- Snowy or Icy Sidewalks
- Falling Objects
- Ceiling Collapse
- Defective Stairways, Stairwells
- Lack of Adequate Lighting
- Exposure to Toxic Fumes or Chemicals
- Inadequate Maintenance
Duty of Care: The Responsibilities of Property Owners
If you or a loved one has been injured on the property owned by another party, you may have the right to pursue compensation for all damages. A property owner or manager has what is termed legally as a “duty of care.” This is the obligation to act in a manner that protects others from harm by maintaining the property in a reasonably safe condition, and to warn of any danger that may exist, such as wet or slippery floors or other hazard.
When a property owner fails in the duty of care, it is termed a “breach.” In a premises liability case, the breach of duty of care must be proven to be the cause of the injuries sustained by the plaintiff.
Filing a Claim in a Premises Liability Case
If you or a loved one has been injured in Colorado on the property owned by another party, the first step in filing a claim is to inform the property owner and their insurance company. These actions should be performed by a qualified, experienced premises liability attorney. A claim letter is submitted to the insurance company. A settlement amount will be negotiated on your behalf. It is far more likely that you will recover a fair settlement when these actions are performed by an attorney who understands how to value a claim and what damages should be paid.
Types of Damages in a Premises Liability Claim
Every Colorado premises liability claim is unique in what occurred, the extent of the injuries, and the damages to seek in a claim. The types of damages include:
- Economic Damages: These damages cover the financial losses associated with medical treatment and care, loss of income from work, reduced earning capacity, rehabilitation, the cost of transportation, medications, and all other financial losses that resulted from the injuries.
- Non-Economic Damages: These damages include pain and suffering, loss of quality of life, the inconveniences associated with the injury, emotional anguish, loss of society and companionship, loss of consortium and reduced enjoyment of life.
- Punitive Damages: In some rare cases, punitive damages can be pursued. These cases involve gross negligence, or willful and wanton conduct. It must be fully proven that the property owner acted with willful or wanton conduct with a reckless disregard for the safety of others, with knowledge that these actions endangered people legally on the property.
Why You Need a Premises Liability Lawyer
When filing a claim to recover damages after being injured on another’s property, legal representation is a critical point in the success of the case, and the value of the settlement. At Whitaker & Penix, LLC, our legal team has extensive experience on the “other side.” They are former prosecutors and trial lawyers who understand the various strategies that could be employed to reduce the value of a legitimate injury claim. Every case is crafted professionally, and our Breckenridge personal injury lawyers are talented negotiators who have achieved many high-value settlements.
The Legal Counsel You Want on your Side
If you have been injured on the premises of another, contact Whitaker & Penix, LLC at (970) 368-0602 for a free initial consultation.