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Why Choose Matlin Injury Law for Your Premises Liability Claim
Matlin Injury Law brings experience handling premises liability claims throughout Colorado. Our attorneys understand Colorado premises liability law and know how to investigate thoroughly to establish property owner negligence. We work to hold property owners accountable for injuries caused by their failure to keep properties safe or warn visitors of known hazards.
We handle premises liability claims on a contingency fee basis. You pay no upfront fees. We only recover a fee if we secure compensation for you through settlement or verdict. This approach aligns our interests with yours—we succeed when you receive the compensation you deserve.
At Matlin Injury Law, you have direct access to your attorney, not just a case manager. Whether you work with Brian Matlin, Shannon McLeod, Kia Miller, or Steven Bonjour, you receive the high-level legal attention and direct communication your premises liability case deserves. We gather evidence, interview witnesses, document hazardous conditions, and consult with experts to build a strong case. We guide you through every step of the process and keep you informed about your claim’s progress. Matlin Injury Law has a proven history of success, having recovered over $25 million for more than 1,000 clients. We are proud to maintain a perfect 5.0-star rating with over 454 Google reviews, reflecting our commitment to personalized, client-first service.
We offer a free consultation to discuss your injury and explain your legal options. Contact Matlin Injury Law today to learn how we can help you pursue compensation.
What Is Premises Liability in Colorado?
Premises liability refers to the legal responsibility of property owners to keep their property safe and protect visitors from foreseeable injuries. Property owners in Colorado have a duty of care to maintain their premises in a reasonably safe condition and to warn visitors of known hazards. When property owners breach this duty and cause injury, they may be held liable for damages under C.R.S. § 13-21-115.
Premises liability claims arise when someone suffers an injury due to a hazardous condition on someone else’s property. This includes injuries at residential properties, commercial establishments, government buildings, and other locations. Common scenarios include slip and fall accidents on wet or uneven surfaces, injuries from inadequate security leading to criminal assault, injuries from structural defects or poor maintenance, and accidents at recreational facilities.
Property owners have an obligation to inspect their premises regularly, identify hazards, repair dangerous conditions, and warn visitors of risks that cannot be eliminated. The extent of this duty depends on the visitor’s status—property owners owe the highest duty of care to invited guests (invitees), a moderate duty to those with permission to be on the property (licensees), and minimal duty to trespassers. Understanding your visitor status and the property owner’s corresponding duty is essential to evaluating your claim.
Colorado law recognizes that property owners must take reasonable steps to prevent injuries. If a property owner knew or should have known about a hazardous condition and failed to repair it or warn visitors, they may be liable for resulting injuries. This principle applies across residential, commercial, and public properties. The Occupational Safety and Health Administration (OSHA) provides guidelines on workplace safety standards that inform premises liability expectations.
How Premises Liability Cases Are Handled in Colorado
Premises liability cases require thorough investigation to establish that a property owner’s negligence caused your injury. Our investigation process includes documenting the hazardous condition, gathering photographs and video evidence, interviewing witnesses who saw the condition or your injury, obtaining maintenance records to show the property owner knew or should have known about the hazard, and consulting with experts to establish causation and damages.
Colorado premises liability law requires proving four elements of negligence: the property owner owed you a duty of care, they breached that duty, their breach caused your injury, and you suffered damages. We work to establish each element through evidence, witness testimony, and expert analysis. We also consider Colorado’s comparative negligence standard, which allows recovery even if you were partially at fault, as long as you were 50% or less responsible for your injury.
Premises liability cases cover a wide range of situations. Slip and fall accidents occur when property owners fail to maintain safe walking surfaces or warn of hazards. Inadequate security claims arise when property owners fail to provide reasonable security measures, leading to criminal assault or theft. Structural defect cases involve injuries from building code violations or poor maintenance. Amusement park injuries result from operator negligence or equipment failure. Swimming pool accidents occur due to inadequate supervision or safety measures. Elevator and escalator incidents involve mechanical failure or operator negligence. Dog bite cases hold owners liable for dangerous animals. Toxic exposure claims address injuries from hazardous substances. Each type of case requires specific evidence and legal analysis.
The timeline for premises liability cases varies depending on case complexity, settlement negotiations, and whether litigation becomes necessary. Many cases resolve through settlement within months, while others may take longer if the property owner disputes liability or damages. We keep you informed throughout the process and explain your options at each stage. Our Colorado personal injury attorneys have extensive experience navigating these timelines.
Evaluating Your Premises Liability Claim
We evaluate premises liability claims using the four-element negligence test. First, we establish that the property owner owed you a duty of care based on your visitor status. Second, we show they breached that duty by failing to maintain safe conditions or warn of hazards. Third, we prove their breach caused your injury. Fourth, we document the damages you suffered. Each element requires specific evidence and legal analysis.
Several factors strengthen premises liability claims. Clear evidence that the hazardous condition existed strengthens your case. Documentation showing the property owner knew or should have known about the hazard is crucial. Evidence that the property owner failed to repair the condition or warn visitors demonstrates breach of duty. Proof that the hazard was foreseeable—meaning a reasonable property owner would have anticipated the risk—supports liability. Multiple witnesses to the condition or your injury add credibility. Medical evidence clearly linking your injury to the hazardous condition establishes causation.
Conversely, certain factors may weaken a claim. If you assumed the risk by knowingly entering a dangerous area, liability may be reduced. If you were partially at fault through your own negligence, Colorado’s comparative negligence standard may reduce your recovery. If the property owner had no knowledge of the hazard and no reasonable way to discover it, they may not be liable. If the hazard was an obvious condition you should have noticed, liability may be limited. We analyze these factors honestly and explain how they affect your claim.
We support clients throughout the claims process by coordinating investigations, managing medical documentation, communicating with insurance companies, and preparing for settlement or litigation. We handle the legal details so you can focus on recovery. We also emphasize the importance of acting quickly—Colorado law provides a two-year statute of limitations for premises liability claims under C.R.S. § 13-80-102, meaning you must file suit within two years of your injury or lose your right to recover.
Get Help From a Colorado Premises Liability Lawyer Today
If you’ve suffered an injury on someone else’s property in Colorado, you deserve compensation from the party responsible for your injury. Property owners have a legal duty to keep their property safe and protect visitors from harm. When they breach this duty and cause injury, they should pay for your medical bills, lost wages, pain and suffering, and other damages.
Matlin Injury Law represents injured victims throughout Colorado in premises liability claims. We investigate thoroughly, build strong cases, and pursue fair compensation. We work on a contingency fee basis, meaning you pay no upfront fees. We work on a contingency fee basis, but we go a step further with our ‘Lower Our Fee’ Guarantee. We promise to lower our attorney fees if necessary so that we never make more money on your case than you do. This ensures our interests are perfectly aligned with your recovery.
Contact Matlin Injury Law today for a free consultation. Call (303) 487-8911 to speak with an attorney about your injury and learn your legal options. We’re ready to help you pursue the compensation you deserve.
FAQs
What Makes a Property Owner Liable for My Injury?
A property owner is liable when they owe you a duty of care, breach that duty, and their breach causes your injury. In Colorado, property owners must maintain their premises in a reasonably safe condition. If a hazardous condition exists and the property owner knew or should have known about it, they have a duty to repair the condition or warn visitors. If they fail to do so and you suffer an injury as a result, they may be liable for your damages. This principle applies whether you suffered a slip and fall injury, inadequate security incident, or other property-related harm.
What Is the "Duty of Care" in Colorado Premises Liability Cases?
The duty of care is the legal obligation a property owner has to keep their property safe and protect visitors from harm. The extent of this duty depends on your relationship to the property owner. If you were invited onto the property (invitee), the property owner owes you the highest level of care. If you had permission to be there but were not invited (licensee), the duty is moderate. If you were trespassing, the property owner owes minimal duty, though they cannot intentionally harm you. Understanding your visitor status helps determine whether the property owner breached their duty to you.
Does My Visitor Status Affect My Claim?
Yes, your visitor status significantly affects your premises liability claim. Colorado law recognizes three categories of visitors: invitees (invited guests or customers), licensees (those with permission but not invited), and trespassers (those without permission). Property owners owe invitees the highest duty of care, including regular inspections, prompt repairs, and warnings of hazards. They owe licensees a moderate duty to warn of known hazards. They owe trespassers minimal duty, though they cannot set traps or intentionally injure them. Your attorney will evaluate your visitor status and explain how it affects your claim. Contact our Denver personal injury law firm to discuss your specific situation.
What Evidence Do I Need to Prove My Premises Liability Claim?
Strong premises liability claims require multiple types of evidence. Photographs and video of the hazardous condition document what caused your injury. Witness statements from people who saw the condition or your injury support your account. Medical records and bills document your injuries and treatment. Maintenance records or inspection reports may show the property owner knew about the hazard. Expert testimony from engineers, safety specialists, or medical professionals can establish that the condition was dangerous and caused your injury. Incident reports filed with the property owner create a record of the accident. Our investigation gathers this evidence to build a compelling case.
How Much Compensation Can I Recover?
Compensation in premises liability cases covers economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages, reduced earning capacity, and rehabilitation costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement. In cases involving willful and wanton conduct or intentional conduct, Colorado law may allow punitive damages to punish the property owner. The amount of compensation depends on the severity of your injuries, the clarity of the property owner’s liability, and the strength of your evidence. We evaluate your damages thoroughly and pursue fair compensation.
How Long Does a Premises Liability Case Take?
The timeline depends on case complexity and whether settlement is reached. Simple cases with clear liability may take 1-2 years to resolve, with some pre-litigation settlements occurring within several months to a year depending on investigation completion and insurance company responsiveness. More complex cases involving serious injuries or disputed liability may take longer. If settlement negotiations fail and litigation becomes necessary, cases typically take one to three years from filing to trial, depending on case complexity and court schedules. Throughout the process, we keep you informed and explain what to expect at each stage. We work efficiently to resolve your case while ensuring you receive fair compensation.
Do I Have a Valid Premises Liability Case?
A valid premises liability case requires that you were injured on someone else’s property due to a hazardous condition the property owner knew or should have known about. You must show the property owner had a duty to maintain safe conditions, breached that duty, and their breach caused your injury. If you can establish these elements with evidence, you likely have a valid case. We evaluate your situation during a free consultation and explain whether you have grounds to pursue compensation.
Should I Settle My Claim or Go to Trial?
Settlement and trial each have advantages. Settlement provides certainty, faster resolution, and avoids the expense and uncertainty of trial. Trial allows you to present your case to a jury and potentially recover more if liability is clear and damages are substantial. We evaluate settlement offers based on your injuries, the strength of your case, and comparable verdicts. We advise you on the risks and benefits of each option and respect your decision. Most premises liability cases settle, but we prepare every case for trial to maximize your negotiating position.
What If I Was Partially at Fault for My Injury?
Colorado’s modified comparative negligence standard allows you to recover even if you were partially at fault. You can recover damages as long as you were 50% or less responsible for your injury. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000. This standard recognizes that injuries often result from multiple contributing factors. We analyze comparative negligence carefully and work to minimize any finding of fault on your part.
