When You Have an Accident Away From Home

Premises liability claims often are slip and fall accidents, where dangerous conditions such as torn carpeting, changes in flooring, poor lighting, narrow stairs or a wet floor can cause someone to slip and hurt herself inside a building.

Other instances of slip and fall incidents can occur when people trip on broken or cracked public sidewalks, or trip and fall on stairs or escalators. In addition, a slip and fall case might arise when someone slips or trips and falls because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.

Most states have a premises liability statute, which provides the duty of care owed by a landowner. In Colorado, this statute is the Colorado Premises Liability statute, C.R.S. §13-21-115. Under this statute, the duty of the landowner depends upon the status of the injured party: whether a trespasser (a person who enters unto the land of another without the landowner's consent), a licensee (a person who enters unto the land of another with the landowners consent but for the person's own convenience or purposes) or an invitee (a person who enters onto land of another to transact business in which both the landowner and the person have an interest).

Many states have "Recreational Use" statutes on the books, which shield private rural landowners from most tort liability for damages suffered by those who come onto their land, free of charge, to pursue recreational activities. Colorado has limited the right to sue for some recreational accidents.

This area of law is constantly evolving, demonstrated by a 2005 case in which the court held that C.R.S. §13-21-115 preempts the common law creation of both landowner duties and defenses to those duties. Consequently, the open and obvious danger doctrine was not allowed to be asserted by a landowner as a defense to a premises liability lawsuit. Vigil v. Franklin, 103 P.3d 322 (Colo. 2004). Then, in 2006, the Colorado State Legislature passed a bill which explicitly allowed application of the doctrines of contributory negligence and assumption of risk.

Read how we helped a client win a premise liability case.