Premises Liability Lawyers Anderson Hemmat

Understanding Premises Liability

Premises liability is a legal concept that holds property owners responsible for ensuring the safety of their premises and preventing accidents that can cause injuries to visitors, customers, or tenants. It is a critical aspect of personal injury law, as it provides a means for individuals to seek compensation for injuries sustained due to the negligence of property owners. When property owners fail to maintain their premises or warn of potential hazards, they can be held liable for any resulting injuries. Property owners have a duty to exercise reasonable care to prevent accidents and injuries on their premises. This duty extends to all types of properties, including residential, commercial, and public spaces.

Importance of Premises Liability Claims

Premises liability claims are essential for holding property owners accountable for their negligence and ensuring that they take steps to prevent future accidents. These claims also provide a means for individuals to seek compensation for their injuries, including medical expenses, lost wages, and pain and suffering. By pursuing a premises liability claim, individuals can help to ensure that property owners take the necessary steps to maintain a safe environment for visitors. This not only helps the injured party but also promotes safer conditions for everyone.

We Aggressively Pursue Premises Liability Cases

If you are injured outside of your home, on someone else’s property, or at someone’s place of business, you might be entitled to compensation for those injuries. Property owners and managers have a strict responsibility to make sure that their premise is free from hazards that could cause damage or injuries to any visitors. So, if they haven’t taken proper precautions, they could be liable for any resulting injuries.

Common premises liability injuries include slip and fall accidents, head trauma, broken bones, and other serious injuries that can result from hazardous conditions on a property.

There are potentially dangerous conditions that can result in all types of injuries, the most common of which is a slip and fall accident.

Some examples of dangerous conditions that can result in a premises liability injury case include:

1. Wet floors/ spills on the floor

2. Broken tiles or broken flooring

3. Broken windows

4. Unattended icy areas

5. Poor lighting in stairwells, pathways, or hallways

In addition to the common slip and fall accident, other common accidents that fall under premises liability include inadequate maintenance, defective conditions, inadequate building security, elevator/escalator accidents, amusement park accidents, dog bites, toxic fumes/chemicals, and swimming pool accidents.

Slip or Trip and Fall Accidents

Slip and fall accidents are the most common form of premises liability accident claims. They take place when there are dangerous conditions present. Many Colorado personal injury cases involving a slip and fall accident take place at swimming pools or in someone’s home. A homeowner still has to take precautions to make sure that guests, children, and adults are protected against falling into a pool or slipping on something and falling.

Accidents such as these can happen on commercial properties like retail stores, parking lots, public swimming pools, or anywhere else where there are obstacles in a walkway, a missing handrail, or even a wet floor.

Examples of Premises Liability Cases We Handle

Our law firm handles a wide range of premises liability cases, including:

• Slip/trip and fall accidents

• Dangerous conditions resulting in injuries

• Dog bites

Who is Liable for Premises Liability in Colorado?

There are many factors to be considered when determining who is liable. Just because you slipped and fell at a business doesn't mean you are entitled to compensation. If, for example, the business had wet floor signs around a wet area that has recently been mopped, then they did what they could to make sure that the area is free from hazards and they took proper precautions.

This all comes down to liability; who was liable, to what degree, and whether anyone is held responsible.

Business owners, for example, are legally obligated to keep their premises free from any hazards. If they are aware of said hazards, they have to remove them as soon as the issue is found.

This means liability happens when a business or person is negligent; meaning they did not fulfill their duties to remove the hazard and/or warn people of the hazard.

If an owner is aware of a safety hazard or they have reasonable cause that they should have been aware of it, then they can likely be held liable to pay damages to the victim. Proper steps have to be taken to warn visitors about any potential danger on a property. This extends to homeowners and commercial business owners as well. An owner is responsible for making sure their home is safe to any guests. A business is just as responsible for making sure that customers are safe on the property.

There are a variety of circumstances that can result in injuries on someone else's property. In some cases, owners won't have a problem fixed until it actually causes an accident. Some of the most common accidents include wet surfaces, which in turn result in a high number of slip and fall cases.

How Can I Prove Negligence?

Negligence can be proved in many ways based on the situation and the case itself. For example, slipping and falling on a foreign item, a wet floor, or a chunk of ice might be able to be proved with a picture of the substance on which you slipped. You might not have taken pictures but perhaps a bystander did and in situations like these it's important to have an attorney on your side who can reach out and access such evidence where you cannot.

Proving negligence because of a design problem such as having handrails at the wrong height or only having one handrail when there should have been more than one requires your attorney to hire a construction expert who is able to examine and measure the area in question and then compare it to building codes. Again this is a rather complicated endeavor that is easier achieved by a professional attorney.

What if Both Parties Were at Fault?

Comparative negligence is when both parties were partially at fault, and a percentage of fault is determined. In this case, it might not be worth the effort to file a premises liability case, because you may be the party considered primarily at fault for the accident. Comparative negligence can complicate premises liability lawsuits, as it involves determining the degree of fault of each party involved. That is when a free case evaluation would come into play.

These types of situations can become very complex, especially if there is a large amount of liability in terms of dollars in damages. Our suggestion is always to speak with a professional in order to make sure you take the right approach and avoid making mistakes that could cost you thousands of dollars.

What is Considered a Slip and Fall Accident?

Slip and fall accidents can happen because of:

Premises liability covers a wide range of accidents, including those caused by faulty equipment, bad lighting, and lack of maintenance.

These are just some of the most common slip and fall accidents. As long as there is negligence on the behalf of the owner, you can receive compensation for your Colorado slip and fall accident.

Determining Slip and Fall Accident Compensation

Compensation is determined based on the severity of the injuries and any related issues. For example, you can receive compensation for the cost of your medical bills to treat an injury but you can also receive compensation for the general pain and suffering, future medical bills, or compensation for loss of work if your injury was so bad that you couldn’t go to work. Filing a personal injury claim can help you recover compensation for medical expenses, pain and suffering, and other related costs. Some of the other factors included in determining your compensation are as follows:

What Should I Do After a Slip and Fall Accident? - 5 Steps

1. Take pictures of the area, and the injuries.

2. Ask anyone in the nearby area if they took pictures or have anything that you might be able to use as evidence, and get their information in case you need an attorney to contact them for a witness statement in the future.

3. Get your injuries looked at by a doctor and properly document any treatments that was received.

4. Contact a qualified attorney immediately to discuss your case. Liability lawyers can help you gather evidence, document your injuries, and build a strong case for compensation.

5. Keep track of all additional medical documents and any other evidence you have pertaining to your slip and fall accident.

Common Injuries Resulting from Slip and Fall Accidents

There are a handful of common accidents resulting from slip-and-fall incidences which include the following:

• Head injuries such as traumatic brain injuries

• Bone fractures which can require surgery and hospitalization

• Back injuries including fractured vertebrae or slipped discs, and in the worst of cases spinal cord injuries

• Shoulder injuries such as a shoulder dislocation or a brachial plexus injury

• Serious injuries to the knee, elbow, ankle, or wrist

Common premises liability injuries include head trauma, bone fractures, and spinal cord injuries.

Even the most minor of slips and falls can result in injuries down the line which is why it is important to document the case, seek medical attention, and work with a skilled attorney immediately so that you have legal options if your injuries should worsen.

Severity and Long-term Effects of Premises Liability Injuries

Premises liability injuries can be severe and have long-term effects on an individual’s quality of life. Some common injuries sustained in premises liability accidents include:

• Broken bones

• Head trauma

• Spinal cord injuries

• Brain injuries

• Soft tissue injuries

• Amputations

• Burns

These injuries can result in significant medical expenses, lost wages, and pain and suffering. In some cases, premises liability injuries can also lead to long-term disabilities, emotional distress, and a reduced quality of life. It is essential to seek the help of an experienced premises liability lawyer to ensure that you receive the compensation you deserve for your injuries. An experienced liability lawyer can navigate the complexities of premises liability law and advocate for your rights, helping you to secure the best possible outcome for your case.

Why Should You Work with a Colorado Premises Liability Attorney?

Determining liability starts with determining negligence. In a premises liability case, this involves figuring out if a business or homeowner was aware or should have been aware of a hazard and didn’t take steps to mitigate that hazard or inform. Seasoned injury accident attorneys can discuss the events of the accident and help you to determine if you have a viable premises liability case and if you do they can help you to proceed from there. Premises liability lawyers can help you navigate the legal process, gather evidence, and maximize your compensation. Working with an Experienced Premises Liability Attorney can help you to:

1. Maximize your compensation - Experienced attorneys know how to get the most compensation for your slip and accident.

2. Save time - Attorneys handle all of the paperwork, contacting people, research, and everything in between. This saves you a lot of time.

3. Avoid mistakes - Slip and fall accidents can be very serious and result in thousands of dollars and damages. It is best to work with a professional to avoid mistakes in the process.

4. Reduce stress - Knowing you have someone on your side, fighting for your rights is a great feeling. It helps you to take the time you need to recover from your accident.

5. Don’t pay unless you win your case - Most people don’t know that you never pay a dime for personal injury attorneys unless you win your case and get compensation. Even then, we only take a portion of the compensation as a fee.

6. Get everything done in time - Because of things called Statutes of Limitations, people involved in Colorado slip and fall accidents only have a certain period of time to report it and begin their case before it expires, and you are no longer able to take someone to court. Getting the process started immediately is vital to getting compensation for your injuries and inconvenience.

Overall, getting legal help is something we strongly recommend for anyone. It is difficult to tread the legal landscape alone, but with a trusted Denver Premises Liability Attorney by your side, you can get compensated, and get back to your normal life stress-free.

Chad Hemmat On Premises Liability Claims (Video)

Chad Hemmat Talks About Premises Liability Claims

Hurt in a Colorado Slip and Fall Accident? Get the Compensation You Deserve.

Slip and fall accident injuries can be very serious. They are usually unexpected, and on hard surfaces that can cause long-lasting and devastating injuries to victims. This can rack up thousands in hospital bills, lost wages, and other fees, along with pain and suffering.

If you have been involved in a slip and fall accident or other premises liability case in Colorado, contact the experienced injury attorneys at Anderson Hemmat immediately. We have over 35 years of experience helping our clients to get the compensation they deserve for their premises liability injuries.

We know what it takes to help you get the most compensation for your slip and fall accident, and work with you side by side to help you understand the process completely, and get through it smoothly.

Give us a call today to set up a free case evaluation, or fill out the contact form below to get in touch with one of our Colorado Premises Liability Attorneys.