Under Colorado law, property owners are responsible for ensuring their property is safe for others to enter. When they fail in this duty and someone becomes injured on their property, victims may be able to hold the property owner liable for paying compensation for their injuries.
Although this sounds straightforward, there are many nuances in this area of law known as premises liability. Anyone who has been hurt in a slip and fall or other accident on a dangerous property should speak to a Denver premises liability lawyer about their legal rights.
At the Olson Law Firm, LLC, we provide an unwavering client experience and deliver outstanding results for accident victims who have been harmed due to negligence. Sean Olson and his trusted legal team are ready to review your case for free and answer all your questions. Please reach out to us today for help with your case.
Understanding the Burden of Proof in a Denver Premises Liability Case
While it is true that injured individuals have a right to claim compensation from property owners when they have been hurt on someone else’s property, this is not always easy to do. The burden of proof in these cases rests on the plaintiff or the injured party. That means that those hurt must prove that someone else most likely caused the accident that led to their injuries.
There are four components that must be proven in a Denver premises liability case:
- Duty to the plaintiff: Property owners owe a different duty of care depending on the type of visitor that’s on their property. Those who are invited onto the property (invitees) and those who are allowed on the property (licensees) are owed a higher duty of care than others, such as trespassers.
- Breach of duty: The second element of proof must show that the defendant, or property owner, breached that duty of care. This can be proven by showing that the defendant didn’t maintain the property, correct a known problem, or warn the plaintiff of the hazard.
- Causation: Proof of causation is simply proving that the property owner was negligent or careless. While the definition is straightforward, proving this is not. Negligence in premises liability lawsuits is usually very subtle, and it takes a keen legal eye to understand what the negligent act was.
- Damages: Lastly, the plaintiff must also prove that the negligent act caused injuries or losses. Without these, there is nothing to compensate for, and so, there is no case.
All four components of the burden of proof present their own unique challenges. Anyone who has been injured on someone else’s property should speak to a Denver premises liability lawyer about the specifics of their case.