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Our Denver Office The Law Office of Sommer Stephens Luther |
Premise Liability Cases in Colorado A premise liability case is a case where a person is injured on the land or property of another. In Colorado, premise liability cases are governed by Colorado's Premise Liability Act. Under the Premise Liability Act the duty of the landowner varies depending on the status of the person on the land. The statute sets forth three classifications - invitees, licensees and trespassers. Landowners owe the highest duty of care to invitees, or, persons who are invited onto the land by the landowner as a member of the public or persons who are invited onto the land for the purpose of business dealings with the landowner. In those instances the law requires that the landowner protect persons against dangers which the landowner either knows or should know about. Landowners owe the second highest duty of care to licensees, or, persons who are on the premise, which is not normally open to the public, but has been invited to enter by the landowner. In those instances the licensees may recover damages for (a) the landowner's unreasonable failure to exercise reasonable care with respect to dangers created by the landowners of which the landowner actually knew; or (b) the landowner's unreasonable failure to warn of dangers not created by the landowner which are not ordinarily present on property of the type involved and of which the landowner actually knew. Trespassers may only recover for damages willfully or deliberately caused by the landowner. If you have been injured on someone's land or property it is important that you contact an attorney as soon as possible. In some cases it may be important for an attorney to collect information, including statements from witnesses, a soon as possible after an injury.
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