Premises Liability Lawyers in Colorado Springs
Have you been injured while on someone else's property? Did a slip, trip, or fall on another's premises land you in the hospital with a fracture, puncture, or worse? Has a loved one been lost to drowning due to lack of supervision? If so, you may have grounds to take legal action and collect compensation! Call Colorado Springs personal injury attorney Timothy Bussey at The Bussey Law Firm, P.C. today and get the representation you need. For years Mr. Bussey and his team have been taking on negligent property owners, lazy building managers, and incompetent government agencies that fail to keep the general public safe - and they can help you too. Call (719) 475-2555 today for a free consultation with the region's superior personal injury practice.
But don't delay. The longer you wait, the harder it will be to build a successful claim. Property liability claims (trip and fall, negligent security, etc.) can be particularly tricky, especially if a great deal of time has passed since your accident. Evidence can disappear and deeds can change hands, long before you ever step forward. Don't let those who caused your injuries walk away without taking responsibility for their careless actions. Contact The Bussey Law Firm, P.C. and get the compensation you deserve for:
- Hospital bills
- Debilitating injuries
- Continued physical therapy
- Loss of wages or job
- Pain and suffering
- …and much more.
The number to call is (719) 475-2555. Call today.
As stated in Colorado Revised Statutes 13-21-115, when a property owner fails to maintain their property or has not provided adequate warning to visitors of potential danger on said property, he or she can be held responsible for any injuries sustained. As long as a property owner has shown an "unreasonable failure" to remove dangers or warn of hazards, he or she can be held responsible for any accidents that occur.
Colorado is a great state for outdoor activities, like hiking, camping, climbing, and skiing. Many of these activities take place on public lands, such as National Parks or Colorado State Parks. You may be wondering if premises liability claims can be filed for accidents that occur on federal or state-owned lands. The answer is rather complex, because different laws apply to premises liability on public property as opposed to private property.
Most private rural landowners are protected by Colorado's Recreational Use statute, which "provides that an owner of land who either directly or indirectly invites or permits, without charge, any person to use such property for recreational purposes does not thereby:
(a) Extend any assurance that the premises are safe for any purpose;
(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed;
(c) Assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person."
In other words, if a landowner allows you to snowmobile, hunt, or hike on their property for free, they cannot be held liable if you injure yourself. There are, of course, certain exceptions, such as if the owner failed to warn you of a known danger on the property, or presented an "attractive nuisance." An experienced premises liability attorney would be able to determine if the landowner were protected or not.
If your injury occurred on federal land, such as a National Park or Monument, there are limited situations where you may able to sue. Prior to 1946, the U.S. government was protected from lawsuits by the doctrine of "sovereign immunity," which dates back to ancient times when people were not allowed to sue their king. In fact, prior to the Federal Tort Claims Act (FTCA) passed in 1946, it took a special act of Congress to allow a lawsuit against the federal government. The FTCA created an exception to sovereign immunity, allowing a party to sue the government "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." In other words, if an individual could be sued for the same thing, the U.S. government can be sued.
Suing the State of Colorado would be similar to suing the federal government. However, there are strict time limits for filing a claim. If you plan to sue, you must notify the state attorney general of your intent to sue, in writing, within 180 days of the date of your injury. After notifying the attorney general, you must wait 90 days to actually file the claim.
Stadiums and arenas are used for many purposes, such as concerts, motorcycle races, and conventions, as well as sporting events. Owners and operators of these venues have a legal obligation to ensure the property is reasonably safe for legal guests. This obligation includes maintaining the facility, performing regular inspections, fixing known safety hazards, and providing adequate security. Such an obligation is referred to in legal terms as a "duty of care."
However, those who attend sporting events assume certain risks, which limit the venue's duty of care. For instance, fans attending an Avalanche game would assume the risk of getting hit by a puck. In fact, tickets to sporting events usually have a disclaimer regarding such risk printed on them.
Professional baseball has an added element of protection in our state, under the Colorado Baseball Spectator Safety Act of 1993, also known as the "baseball rule." This rule states: "a spectator of professional baseball assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of such activity and may not recover from an owner of a baseball team or an owner of a stadium where professional baseball is played for injury resulting from the inherent dangers and risks of observing professional baseball, including but not limited to, being struck by a baseball or a baseball bat."
But, a sports venue can still be held liable for injuries if it didn't take reasonable safety measures, such as providing adequate security, or having the recommended amount of netting along the foul line. If you've been injured, you should contact an attorney immediately.
Premises liability in the state of Colorado runs the gamut of potential incidents - from trips and falls to even wrongful death. If you, or a loved one, have been seriously injured while on another individual's property as a result of their negligence, you may be able to collect damages as a result. Some of the more frequent injuries we encounter include:
- Bone fractures - including limb, skull, back, and neck
- Concussions - as well as other traumatic brain injuries
- Burn injuries - from electric shock, open flame, or searing cold
- Internal damage - organ failure, rupture, and permanent damage
The Colorado Springs slip & fall accident attorneys at The Bussey Law Firm, P.C. are dedicated to holding negligent property owners responsible for the damages they cause and helping victims recover a fair compensation for their pain. Don't wait another day, wondering how you will make it through. You have rights and options - let us show you how to utilize them. Call (719) 475-2555 to learn more or to schedule a free consultation.
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