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Premises Liability Claims

A “Premises Liability” claim arises, most often, from a slip and fall injury which occurs on the property of another. “Premises” simply means “property.” Often times people think of “Slip and Fall” injuries, or “hot coffee burn” injuries, or “whiplash” injuries caused by rear-end automobile collisions as illegitimate claims pursued by “ambulance chaser” attorneys for the purpose of extorting money from insurance companies. As an attorney who has handled many of these claims, I can say that these characterizations are false, with some exceptions for those who are in the “business” of falsifying or exaggerating these claims.

No matter what the cause is, injuries sustained under these circumstances are real, painful, and can have life long consequences. A cracked tailbone, or a torn quadriceps muscle, or a sprained rotator cuff can cause considerable pain, and depending on your occupation or recreational activities, may affect you for years, and sometimes for life. They can be no small deal.

In Colorado, a landowner (or landlord) has a statutory duty (CRS §13-21-115) to use reasonable care to protect people who are lawfully on the property from dangers he/she/it knew or should have known of, which can include warning people of dangers on the premises (such as the existence of ice); or removing ice or debris blocking a walkway.

Most property owners carry insurance for the purpose of compensating people who are injured by a dangerous condition on their property. Most policies will include an amount for payment of medical expenses regardless of fault. Always consult a lawyer to determine whether you have a valid claim for recovery of damages if you are injured in a fall on someone’s property, or if it is caused by some other means while on someone else’s property.