When someone gets injured on the property of another (whether via a slip and fall or via some other danger), the Colorado Premises Liability Act applies. While the law may seem straightforward, there are a number of factors and hurdles plaintiffs must overcome to successfully bring a premises liability claim. This post explains the law and discusses common scenarios we've seen in which injured victims prevail with these cases. It is important to understand at the outset, premises liability claims are some of the most difficult cases to bring in Colorado and the law is heavily slanted in the landowner's favor.  

What is the Premises Liability Act? As detailed in C.R.S. 13-21-115, any action for an injury on the property of another person or entity must be brought under Colorado's Premises Liability Act ("PLA"). There are three categories of plaintiffs under the PLA: invitee; licensee; and trespasser.

• Invitees are people who enter another's land or property for the purpose of transacting business in which the parties are mutually interested. In other words, invitees are patrons at public businesses. Think shoppers in a store, restaurant patrons etc. Landowners must show the highest duty of care to invitees.
• Licensees are social guests on the property with the permission of the landowner. Think neighbors visiting each other's home, children at a friend's house etc. Licensees have an intermediate duty of care or protection under the PLA.
• Trespassers are exactly what they sound like: someone on the property who is neither invited nor wanted. Trespasser PLA claims are rarely successful in Colorado but we have seen one prevail in the past. Landowners owe trespassers the lowest duty of care under the law. 

Potential Dangerous Condition in Retail Store

What is the duty of care and how does it apply? As mentioned above, invitees or business guests enjoy the highest protection under Colorado's PLA. In those circumstances, if an invitee is injured due to the landowner's unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew or should have known about.

A licensee or social guest can successfully bring a claim for injuries caused by a landowner's failure to exercise reasonable care with respect to dangers created by the landowner that the landowner actually knew about; or by the landowner's unreasonable failure to warn of dangers not created by the landowner that are not ordinarily on the property of the type involved and that the landowner actually knew about.

A trespasser may only recover damages willfully or deliberately caused by the landowner.

What are some examples of successful PLA claims in Colorado? Injury attorney Michael P. Kane successfully sued Home Depot in Douglas County on behalf of his client injured in one of their stores. His client was an invitee (customer in the store) and was badly cut by a damaged, sharp display holder in one of the aisles. Home Depot claimed it didn't know the display holder was damaged, claimed it shouldn't have known it was damaged, and claimed even if it did know it was damaged it wasn't dangerous. A jury disagreed with Home Depot and returned the second largest premises liability verdict ever in Douglas County.

Other successful cases include an owner slipping on accumulated ice at his condominium complex sidewalk, a fitness facility member stepping on a running treadmill left on by one of the trainers, a grocery store customer hurt when a large object fell on him, and an apartment tenant slipping on snow in her parking lot. 

Each case is different and has unique facts an experienced plaintiff lawyer will need to investigate prior to advising a potential client if her case has merit. While these claims are difficult and the insurance companies always blame the injured victim, they can be brought when the facts and law allow. 

If you've been injured due to a dangerous condition on someone's property, contact Kane Trial Law for a free consultation to discuss your case.