Denver Premises Liability Claim Attorneys
The Denver area is growing by leaps and bounds. There are many things to do and places to go, and you can get injured at practically all of them. Whether you are walking on a city street, visiting a friend’s house, or even at Coors Field, the person or company in control of the property owes you a duty. So long as their property is open to you, they cannot simply do whatever they want. If you have suffered an injury on someone else’s property, you may be entitled to financial compensation in a premises liability lawsuit.
However, the stakes can be high in premises liability lawsuits, especially when multiple people are victims of the same incident. The defendant may take any measures possible to protect themselves from liability, both financially and reputation-wise.
The attorneys at Varner Faddis Elite Legal LLC have helped thousands of clients get the money they deserve when injured in premises liability cases. We work hard to get results for you. We have successfully represented clients in premises liability claims and obtained $590,000 for one injured in a premises accident.
If you or a loved one have suffered an injury on someone else’s property, you should never wait to contact our firm to discuss your case and start the legal process. Our attorneys are ready to stand up for your rights to businesses and property owners.
Who You Can Hold Liable for a Premises Liability Injury
To be clear, a property owner does not guarantee your safety every time you set foot on their property. However, someone owes you a legal duty to use reasonable care when you are on their property. It does not matter who.
In a premises liability lawsuit, you can sue:
- A homeowner who has a broken sidewalk in front of their home or does not clear their walks in inclement weather
- The local government does not maintain their sidewalk in a reasonable condition
- A restaurant owner that allows overcrowded premises that leads to a patio collapse
- A concert promoter who exercises poor crowd control that leads to a crush injury
- A university that does not take adequate steps to protect students from criminal actions
- A store owner that does not provide security in their parking lot or at the front of a store
- An amusement park owner that does not properly inspect and maintain their rides
- A bank that does not have a video camera or security measures outside its ATMs
Negligence Should Not Happen
Like any personal injury case, the legal standard in a premises liability case is negligence. When you are on someone’s property with their permission or invitation, the owner assumes a duty of care to you. It does not matter whether they know you.
They take on a legal relationship with you by opening their property to you. If the Cherry Creek Shopping Center, Walmart, or King Soopers opens for business, you can hold them liable for your injuries because their doors are open for you. They do not need to know you to have a legal relationship with you.
Premises liability law recognizes that accidents do happen. You need to prove that the property owner acted unreasonably and that it caused your injuries. To prove that the defendant acted unreasonably, you must compare their actions to what a reasonable property owner would have done under the circumstances.
For example, a reasonable property owner might:
- Take heightened security measures when there is a history of crime in the area or on the property
- Clean up anything that can cause a fall accident within a reasonable amount of time
- Repair any dangerous conditions, whether caused by the owner or someone else
- Ensure that anything that serves the public, such as rides or escalators, is in proper working order
The specific standard that a property owner must uphold depends on the circumstances. Still, the core obligation is that they must take action to keep the general public safe, whether it is fixing dangerous conditions, taking extra security measures, or warning the public of the potential danger.
Evidence Proves Your Premises Liability Case
Premises liability cases are very evidence intensive. You must learn precisely what the property owner did (or did not do) in the situation to have a frame of reference. For example, suppose you got attacked on someone else’s property. In that case, you will need to learn that the property owner (or person in control of the property) knew that there can have been a danger based on previous activity in the area and did not do enough to protect you.
Your attorney will work to gather the evidence necessary to prove what happened.
Proof in a premises liability case can include:
- Eyewitness testimony from people who saw the incident or accident that injured you
- Video camera footage from the scene that captured what happened
- Pictures from the scene of the accident
- Internal corporate records that show measures that the property owner did (or did not) take to remedy known dangerous conditions.
- Testimony from an expert who can reconstruct an accident
You May Have Difficulty Gathering Evidence
However, gathering evidence is not easy in a premises liability case.
You may face several challenges, including:
- You have injuries and can’t do any investigating on your own (especially when it comes to doing anything at the scene of an accident)
- You can lose evidence quickly if you do not act to obtain it right after your accident
- Much of the evidence that you need is in the defendant’s hands, who does not want you to get your hands on it
The defendant has much of this evidence, and they will not make it easy for you to get your hands on it. The evidence can disappear very quickly after the accident. Although your attorney may not get this evidence immediately, they will work to get it throughout the legal process. If your case goes to court, we can obtain relevant evidence in the defendant’s possession through the discovery process.
At the very beginning, your lawyer will direct the defendant to preserve any evidence in anticipation of possible litigation. Without an attorney, you may find yourself without the necessary proof to get financial compensation. Then, all you have going for you is your word.
The Legal Standard in Slip and Fall Cases
The most common example of a premises liability lawsuit is a slip and fall claim. These claims are precisely as they sound – you slipped and fell on something that made a surface more dangerous, such as a spill or debris on the floor.
In slip and fall cases, there is a unique test to establish the property owner’s negligence:
- If the property owner made the dangerous condition themselves that caused your fall, they will be legally responsible for it no matter how long it existed before your injury
- If someone else was responsible for the dangerous condition, the property owner must take steps to remedy it within a reasonable amount of time. They do not have to clean up every spill or fix any problem the moment that it happens.
Many premises liability cases come down to what the property owner knew and when. You are attempting to prove the dangerous condition, but you need to show that the property owner did nothing about it within a reasonable amount of time. The property owner cannot remain ignorant of what is happening on their property for an extended period. At a certain point, the law will act as if they knew.
Premises Liability Cases Involve Businesses and Insurance Companies
Most premises liability cases involve a company as the potential defendant. They are the ones who own the property or store where you were injured. If you are not dealing with a company, you may be seeking compensation from the government. While there is the possibility of more compensation (because they have more insurance coverage), they will also have experienced lawyers to defend them in a lawsuit.
In addition, there is almost always an insurance company involved whenever you have suffered a premises liability injury. In most cases, they will try to force you to prove your claim, knowing that the burden of proof is on you. They are especially skeptical of slip and fall cases because they see these claims all the time.
An insurance company does not want to pay you the total damages you have suffered. The chances are that their corporate client has paid them a lot of money in premiums, and they do not want to share any money with you.
Your Damages in a Premises Liability Case
In any premises liability claim, you have the legal right to get paid for every single penny of damages that you have incurred because of the defendant’s negligent conduct.
Your damages in a premises liability case can include:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death damages if your loved one died in the accident
Some premises liability cases may involve punitive damages. While you will likely not see punitive damages in slip and fall cases, you may have a greater chance of obtaining them in large-scale disasters like a patio or building collapses or inadequate security cases. The property owner did nothing to protect you in the face of known dangers.
Punitive damages may also come into play in swimming pool and amusement park accidents, where the property owner was extraordinarily careless or grossly negligent.
One of the significant challenges in any premises liability claim is correctly estimating your damages. At Varner Faddis, we have the technology necessary to get a very accurate handle on what you may be due in your claim. Our cutting-edge legal process and technology help neutralize some of the insurance company’s built-in advantages over most claimants. You will get an accurate starting point for any settlement negotiations.
Then, you will need a hard-nosed attorney to negotiate a settlement agreement on your behalf. Insurance companies know the value of your claim to the dollar, and they will start far below that amount in settlement negotiations. Especially in cases where you have suffered severe damages, it takes time to get to the point where you can get an acceptable offer.
Denver Premises Liability FAQs
Should I file an insurance claim or a lawsuit in my premises liability case?
This answer depends on the advice of your lawyer. In some cases, you may be better off filing a lawsuit first and then trying to negotiate a settlement. Other cases can resolve more quickly if you deal directly with the insurance company through a claim.
Are there different premises liability rules when children are involved?
There is a doctrine called an attractive nuisance, which holds that property owners are liable for injuries to children on their property, even when they are trespassers. Therefore, property owners must make extra efforts to secure things that can attract children’s attention, such as swimming pools.
Do I need an attorney in a premises liability case?
Yes. Your case will absolutely benefit from our representation.
To hold the defendant legally responsible for your injuries, you must negotiate a settlement that adequately pays you. These tasks are beyond the experience of the average person, who is already dealing with injuries.
Call a Denver Premises Liability Lawyer Today
Suppose you or a loved one have received an injury in an accident on someone else’s property. In that case, the attorneys at Varner Faddis will go to bat for you to get the maximum possible amount of compensation. Although it is not always an easy task, we know how to deal with both businesses and insurance companies trying to stand in your way. Your first step is calling us at (720) 770-8335 or contact us online for your free initial consultation.
6025 South Quebec St.
Centennial, CO 80111