Do I Have a Case?
When you enter a property that belongs to another person, you have a reasonable expectation not to experience any harm. It is incumbent on the owner of the property to maintain a safe environment to fulfill this expectation. This is the essence of premises liability. There are some necessary conditions for you to have a case. The other party’s negligence must be a significant contributing factor to your injury. If you injured yourself on their sidewalk, and it was primarily because there was a raised crack or oil spillage that caused your injury, you likely have a case. If it was a properly maintained sidewalk with no apparent hazards and you were showing off your stunt jumps, you probably do not. Note that the property owner’s negligence need not be the sole cause of your accident. You could have done something like walk over to look at something, even though there was no requirement for you to do so, and then have been injured. There needs to be a reasonable expectation of safety for premises liability to apply. This would include, for example, using a different walkway than the one you normally use, because you have a reasonable expectation that any walkway is safe.
Must I Be Injured to File Suit?
There must be tangible harm for you to be able to file suit. You cannot sue under premises liability over something that you think could have caused you harm but didn’t. You cannot file a personal injury lawsuit against a business because you are concerned about an unsafe condition but have not yet come to harm. A premises liability case requires there to be an existing injury to base it on. If this is the case, but you are still concerned about a potentially unsafe condition, the best course of action may be to file a complaint with the relevant city, county, or state authority responsible for keeping the property or business up to code.
Many premises have insurance that will quickly and efficiently pay out on a premises liability settlement once it is clear that you have consulted a Denver premises liability attorney and mean business. If you have suffered an injury that you believe may fall under premises liability, contact Driskell, Fitz-Gerald & Ray to discuss your case with a Denver premises liability lawyer today.