Colorado Premises Liability Attorneys
Colorado Premises Liability
Premises liability law is designed to protect people who get injured while at a place of business, another person's home, or while on another person's property. The law in general tends to favor the owner (as opposed to the person who gets hurt). Thus, to build a solid premises liability case, you must be prepared to meet a high burden of proof.
Some of the more basic terminology pertaining to premises liability includes:
- Possessor: the person who owns the premises on which an individual was injured. The premises in question can include a house or apartment, a business office, or a parcel of land.
- Invitee: the person who was asked onto the premises. Not all invitees need to be explicitly invited. For instance, a customer at a café is considered an invitee even though he or she entered the premises on his or her own accord.
- Licensee: a person who shows up on someone's premises without a commercial or business purpose. For example, a friend who comes over to visit your apartment is a licensee and not an invitee, even if you asked him or her over to your house.
- Trespasser: a person who goes onto someone else's premises without receiving either permission or an invitation to do so.
Ultimately, invitees, licensees, and trespassers are all governed by different rules.
For example, the possessor must meet different burdens of care for different visitors. For invitees, the burden is greatest. For trespassers, the burden is least great. However, all three classes of visitors can successfully make a premises liability case, depending on the circumstances surrounding the injury.
Possessors have an obligation to fix unreasonable risks that could cause harm to invitees, and failure to do so can be labeled as negligent action. Ultimately, possessors can be held liable for injuries to licensees, if it is determined that the possessor should have realized that there was an unreasonable risk of harm, that the possessor did not use reasonable care to remedy the danger, and that the licensee had no idea that there was a potential risk.
Trespassers generally do not have grounds to file premises liability lawsuits. However, if the possessor knows about the ongoing presence of trespassers on a property, he or she may be required to exercise some sort of care to ensure the safety not of the trespassers, but of the general well-being of any individuals who enter onto the premises, although this too is dependent on the circumstances surrounding the alleged injury in question.
Do you believe that you have a premises liability case against another individual or company? If so, attorney Timothy Bussey can help. Mr. Bussey is a Colorado Springs, Colorado based injury attorney whose firm has received an AV rating from Martindale Hubbell -- the highest rating that service gives out. He has taken over hundred cases to court and settled over 1,000 cases. For a free and confidential initial consultation, dial 719-475-2555, or peruse www.timothybussey.com to learn more about his philosophy and approach.
Colorado Springs personal injury lawyer Timothy Bussey at The Bussey Law Firm, P.C. in Colorado represents clients in Colorado Springs and throughout El Paso County, including the cities of Fountain, Manitou Springs, and Monument.
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
Phone: (719) 475-2555
Fax: (719) 475-0046