Property owners in Aurora and throughout the US have a legal duty to ensure their own premises are safe for lawful visitors. When a property owner recognizes a safety issue on their property, they must take swift, appropriate action to ensure the hazard does not harm anyone. In some cases, a warning or hazard sign is enough to fulfill this obligation. However, property owners generally assume liability for the injuries and accidents that occur due to their failure to maintain safe premises.
If you or someone you love has recently suffered an injury while legally present on someone else’s property, you may have grounds for a personal injury claim under Colorado’s premises liability laws. An experienced Aurora premises liability attorney can help you determine your best available legal options for a premises liability claim resulting in medical expenses and other damages.
Why Work With the Law Firm of Jeremy Rosenthal?
When you need an Aurora premises liability lawyer, it’s vital to locate an attorney with solid professional experience and the ability to provide the comprehensive legal representation you need for the duration of your case. At the Law Firm of Jeremy Rosenthal, our team understands the difficulty you are likely to experience after suffering an injury due to a property owner’s failure to maintain a reasonably safe property. We know these injuries can often lead to compounded financial problems from missed time from work and unpaid household bills.
Attorney Rosenthal and his legal team have years of experience handling difficult personal injury cases throughout the Aurora area and surrounding areas. We have successfully navigated many clients through complicated legal proceedings and gathered the evidence and testimony necessary to secure their recoveries. We believe in a compassionate, individualized approach to legal representation in every case we accept.
How Does a Premises Liability Claim Work?
A premises liability claim is a type of personal injury lawsuit directed at a property owner who failed to ensure a safe property, resulting in an injury to a lawful visitor to the property. The distinction between “lawful visitors” and trespassers is crucial in premises liability claims. Property owners do not have any obligation to prevent injuries to trespassers, intruders, or anyone else who interlopes on their property without their express or implied permission.
A lawful visitor may include someone the property owner has invited to their property for personal reasons, such as family members, friends, and neighbors. Lawful visitors can also include people visiting a property for their own purposes, such as mail carriers performing deliveries and shoppers browsing a privately owned retail store. Lawful visitors may also include apartment building tenants and their guests, utility workers performing work on the property, and any other party with the property owner’s express or implied permission to enter the property.
To succeed with a premises liability claim, a plaintiff and their Aurora premises liability lawyer will identify the property owner responsible for the injury, collect evidence of the hazard that led to the injury, and determine whether the injury was foreseeable and preventable. The issue of foreseeability is a common point of contention in premises liability claims; it is sometimes necessary to investigate when and how the property owner should have reasonably discovered the hazard.
Potential Damages in a Premises Liability Lawsuit
A premises liability claim is a type of personal injury claim, so a plaintiff has the right to claim several types of compensation based on the damages they experienced from the incident in question:
- Plaintiffs in Colorado personal injury claims have the right to pursue compensation for any expenses related to medical treatment for an injury or illness caused by a negligent property owner.
- Plaintiffs may also receive compensation for the physical pain and psychological distress their experiences caused.
- If a premises liability incident resulted in any damage to the victim’s personal property, they can claim property damage as well.
- If a plaintiff’s injuries force them to stay home and miss work while they recover, the plaintiff can claim compensation for the income lost during this time. If the plaintiff sustained severe injuries that prevent them from working in the future, a claim can help. The plaintiff could recover compensation for lost future earnings they would have reasonably expected to earn in the future.
In addition to these compensatory damages, a personal injury plaintiff in Colorado can receive punitive damages if the defendant’s behavior was egregiously negligent or criminal. Punitive damages serve to punish severe bad behavior and discourage similar issues in the future. Plaintiffs may not directly claim punitive damages, but a judge may award them if they deem it appropriate for the case. Punitive damages are paid alongside and in addition to the plaintiff’s compensatory damages. Colorado state law caps punitive damages in civil cases at the amount of the plaintiff’s actual damages. For example, if a plaintiff claims $100,000 in compensatory damages, the judge overseeing the case may award no more than $100,000 in punitive damages.
Winning Your Premises Liability Claim
Success in a premises liability claim hinges on many of the same factors as success in a personal injury claim. An experienced Aurora premises liability attorney can help you establish a negligent property owner’s breach of duty of care. They can prove the owner failed to maintain their property; then, they will gather physical evidence, records, and documentation you need for your case and guide you through your legal proceedings with confidence.
Choosing the right Aurora premises liability lawyer is essential for success in your premises liability claim. These claims are sometimes difficult to prove. You might overlook potential channels of recovery without legal counsel to guide you through your options. Ultimately, hiring an Aurora premises liability attorney is an investment in your claim’s success and the quality of your recovery.
If you have suffered an injury due to a private property owner’s failure to keep their property safe for lawful visitors, talk with our firm. You likely have grounds for a premises liability claim to secure a recovery for your losses. If you are ready to discuss your options with an experienced Aurora premises liability lawyer, contact the Law Firm of Jeremy Rosenthal today and schedule a case review with our team.