When you go onto another person’s property, you should not have to worry about any type of hazard causing you harm. Unfortunately, there are times when property owners fail to take steps to keep guests and invitees safe. At The O’Sullivan Law Firm, we are here to help if you need a Denver premises liability lawyer by your side. Our team has extensive resources that can be used to fully investigate the claim, determine liability, and secure full compensation on behalf of our clients.
Why Choose The O’Sullivan Law Firm for Your Case?
At The O’Sullivan Law Firm, our team handles every aspect of a case on behalf of the client. This includes investigating what happened, handling insurance carriers, negotiating with other parties, and preparing your case for trial.
Attorney O’Sullivan is a former insurance defense attorney who has now been practicing personal injury law for 25 years. He has a thorough understanding of how insurance companies think, act, and evaluate claims.
We take different premises liability cases on a contingency fee basis, which means that our clients will not have to worry about paying any legal fees until after we obtain the compensation they need.
Premises liability is a legal concept that revolves around personal injury claims where an injury occurs that is caused by unsafe or defective property conditions. In order for a premises liability lawsuit to be viable, an injured party has to show that the property owner or operator knew or should have known about a dangerous condition on the premises and they failed to remedy the situation promptly or failed to warn guests of the dangerous condition.
How Can a Denver Premises Liability Attorney Help My Case?
An attorney will play an integral role in a premises liability case. Unfortunately, most individuals who are injured in these situations do not have the resources or legal expertise to stand up against aggressive insurance carriers or property owners. The role of an attorney will be multifaceted and will include the following:
Gathering enough evidence to prove the liability of the property owner
Ensuring their client is properly evaluated by a trusted medical professional
Working with economic and financial experts who can correctly calculate total expected losses
Thoroughly reviewing all property owner insurance policies
Negotiating with all parties to reach a fair out-of-court settlement
Fully preparing the case to go to trial, if necessary
What Types of Premises Liability Claims Arise in Denver?
Premises liability cases can arise in various ways in and around the Denver area. In general, these cases will center around the failure of a property owner or their employees to ensure their premises are safe for others. Some of the most common causes of premises liability claims include the following:
These incidents regularly lead to victims sustaining severe injuries. At The O’Sullivan Law Firm, our injury attorneys have experience helping clients who have sustained the following types of injuries due to the negligence of a property owner:
Internal illness is caused by exposure to toxins or chemicals
How Can Fault Be Proven in a Premises Liability Case?
Determining fault after an incident involving can be challenging. Determining negligence typically revolves around uncovering evidence needed to prove liability. This can include, but is not limited to, the following:
Photographs taken at the scene of the incident
Video surveillance of the incident
Statements from eyewitnesses
Property owner safety records
Police reports or other incident reports
The goal of a plaintiff in a premises liability claim is to show that a property owner knew or should have known about a hazard present on their premises and failed to take steps to remedy the situation or to warn others of the potential harm they could face.
Who Can Be Held Liable for Injuries?
Understanding who could be held liable after a premises liability incident occurs can be challenging. Typically, these lawsuits seek to hold property owners directly responsible for their negligence. While the owner of the property may seem like the obvious entity to hold responsible, it may not always be so cut and dry.
There may be other liable parties responsible in the aftermath of a premises liability incident. For example, if another individual or company leases land from a property owner, the lease may clearly state that the leaseholder takes over responsibility for the property, including inspection and maintenance. This would mean that the leaseholder would be primarily responsible for paying compensation to any injury victim.
In many cases, a piece of property is operated by another individual or entity entirely. For example, let us imagine a grocery store where one entity owns the entire property, the grocery store operates the physical building, and a third party operates the parking lot. Determining liability when an incident occurs can be tough, and we strongly encourage you to work with a skilled premises liability attorney in Denver as soon as you sustain an injury.
What Is Colorado’s Premises Liability Act?
When examining whether or not a premises liability lawsuit should proceed forward, your attorney will determine whether or not they can prove the following factors:
That the condition on the premises posed an unreasonable risk of harm to those on the property.
That the person in possession of the property knew or should have known that the dangerous condition existed and that it posed a risk of harm.
That the person in possession of the property was negligent in creating the harmful condition or negligent when failing to warn others of the harmful condition.
That the injury victim sustained some sort of injury as a result of the harmful condition on the property.
What Damages Can I get From My Premises Liability Lawsuit?
Individuals who sustain injuries on another person’s property should be able to recover a wide range of compensation. Our attorneys work diligently to recover both “special” and “general” damages on behalf of every client that we help.
Special damages. These damages are also referred to as economic damages, and they are going to be calculable by gathering up receipts, bills, pay stubs, and other concrete evidence. Some of the most common special damages after a Colorado premises liability injury include:
Emergency medical expenses
Physical therapy or rehabilitation
General damages. These types of losses are more immeasurable and are often referred to as non-economic damages. Even though there may not be any bills or receipts that can be directly added up to measure these losses, individuals should still be able to recover compensation for their:
Physical pain and suffering losses
Emotional and psychological distress
Loss of quality of life
The total amount of compensation available in these situations will vary depending on the facts surrounding each particular premises liability case in Denver. An attorney will work with trusted medical and economic experts who can examine the case and help properly determine the client’s total losses.
In the event it is determined that a plaintiff was responsible for causing their own injuries in some way, they may still be able to recover compensation for their losses. Colorado operates under a “modified comparative negligence” system. This means that a person can recover compensation if they are 49% or less at fault for their injuries, though the total amount of compensation they receive will be reduced based on their percentage of fault.
What is the Time Limit for Filing a Premises Liability Lawsuit in Colorado?
It is imperative that injury victims file a lawsuit as soon as possible after they sustain an injury caused by the negligence of a property owner. In Colorado, the personal injury statute of limitations is two years from the date an injury occurs. Failing to file a lawsuit against the alleged negligent party within this two-year timeframe will likely result in the plaintiff becoming unable to recover the compensation they are entitled to.
However, we also recommend that you not put off filing a claim for very long, even if the statute of limitations is not expired. A Denver personal injury attorney needs to get involved quickly, conduct an investigation into the incident, and gather the evidence needed to prove liability.
Call Our Denver Premises Liability Attorney Today
If you or somebody you love has been injured due to the careless or negligent actions of a property owner in the Denver area, contact The O’Sullivan Law Firm for help as soon as possible. Our attorneys have a track record of success handling these cases, and we understand what it takes to secure full compensation for our clients. Our goal is to make sure that clients recover money for their medical bills, lost income, out-of-pocket expenses, pain and suffering damages, and more. When you need a Denver premises liability lawyer, you can contact us for a free consultation or call us at (303) 388-5304.