Business and property owners have a responsibility to maintain safe conditions on the properties under their control. Whether the property is a residence, business or construction site, owners and managers are obligated to ensure a safe environment for those who lawfully visit them. When accidents occur on properties, negligent owners and managers can be held responsible for subsequent injuries through premises liability law.
Why Choose Fuicelli & lee, P.C.
The knowledgeable Denver premises liability attorneys at Fuicelli & Lee, P.C. have extensive experience in these types of cases and are committed to fighting on your behalf for the justice and compensation you deserve. To discuss your case for free, call 303-355-7202 today. We proudly serve clients across Colorado’s Front Range, including Denver, Longmont, Pueblo and surrounding areas. Se habla Español.
On this page, we discuss:
- What Is Premises Liability?
- Common Hazards in Premises Liability Claims
- Construction Accidents
- Understanding Third-Party Construction Accident Claims
- Slip and Fall Accidents
- Common Causes of Slips, Trips and Falls
- Dog Bites
- Elevator/Escalator Accidents
- Potential Compensation in a Premises Liability Claim
- Schedule Your Free Premises Liability Consultation Today
Premises liability is an umbrella term that describes a wide range of incidents associated with real property. It refers to the legal responsibility of property owners and managers for injuries sustained by individuals on their premises. Homeowners must provide a hazard-free environment for visitors. Business owners must ensure their property is reasonably safe for customers and employees.
A variety of unsafe conditions can lead to a personal injury. Some of the most common property hazards include:
- Inadequate warning signs
- Wet floors
- Poor lighting
- Locked fire exits
- Faulty wiring
- Broken handrails
- Dark parking lots
- Abandoned buildings
- Building code violations
- Inadequate fencing to keep children away from danger
Construction sites are among the most dangerous work environments today. Not only is the job itself physically demanding, there are countless ways in which an injury can occur even when the proper precautions are taken. Unfortunately, many construction accidents are caused by the negligence of general contractors, property owners or manufacturers of faulty equipment who fail in their duty to ensure a safe workplace.
Construction workers are not always offered the protection mandated by law. They are frequently placed in hazardous work environments by their superiors and safety regulations are often ignored in order to keep the job moving and keep costs low. No matter the circumstances of your accident, our passionate construction accident attorneys are eager to hear your story. We have the knowledge and experience necessary to help you maximize your compensation.
Common causes of construction accidents include:
- Heavy equipment accidents
- Fire hazards or explosions
- Vehicle accidents
- Exposure to toxic materials, fumes, or asbestos
- Collapsing trenches
- Electrical hazards and accidents
- Lead poisoning
- Slip and fall accidents
- Uneven or faulty stairwells
- Defective construction equipment or tools
Construction site workers cannot typically sue their employer for damages after an accident. Instead, they are limited by worker’s compensation benefits, which only cover lost wages and medical bills; and even then, only a portion of the true damages.
When parties other than the employer are responsible for accidents, third-party claims may be filed. Third-party claims are important because worker’s compensation offers only a fraction of the value of the losses incurred by construction accident victims and their families. Damages such as loss of consortium, pain and suffering and the financial strain inflicted on the worker and his or her family are not covered, leaving victims thousands of dollars short of what they truly deserve.
Third-party claims are legal claims against third-parties who were at fault or partially at fault for construction accidents; not employers. The third party’s negligence must have contributed to the injury in some way in order to qualify.
It’s important to note that you can receive worker’s comp from your employer and still seek action against a third party for further damages. This is a common and effective strategy in construction accident cases and helps to maximize the value of your compensation.
Before filing for worker’s compensation or accepting an additional settlement offer, it’s crucial to discuss your situation with our construction accident attorney to ensure your best interests are protected and all of your current and future needs are being met.
Slips, trips and falls are all too common, and their subsequent injuries can adversely affect your health, finances and future well-being. If you slipped and fell because of the negligence of a property owner or manager, you may have a claim to seek compensation for your injuries. While every case is different, a property owner may be liable for your injury-related losses if he or she:
- Failed to warn of existing or potential hazards
- Knew about hazardous conditions and failed to fix them
- Contributed to your injury through action or inaction
Slip and fall accidents can occur almost anywhere: private homes, workplaces, restaurants, stores, amusement parks and more. Determining liability in these cases can be extremely difficult without the guidance of an experienced slip and fall lawyer.
The skilled attorneys at Fuicelli & Lee, P.C. understand the complexities of premises liability cases and are committed to helping you obtain the full and fair compensation you need and deserve.
Slips, trips and falls are often identified by how they occurred. Some examples include:
- Wet and slippery floors: Liquid spills and tracked-in snow must be cleaned immediately to ensure the safety of visitors. Once floors are adequately mopped, warning signs should be positioned to alert people of potential dangers.
- Icy sidewalks: Colorado winters can be dangerous for pedestrians. Frigid temperatures, heavy snowstorms, blustery winds and freezing rain can all pose serious risks for people traveling on foot. Property owners must ensure that their sidewalks are safe for pedestrians in all conditions and seasons, including winter.
- Cluttered floors: The risk of slipping and falling increases greatly when floors are cluttered. Clutter can include trash, supplies, equipment, store merchandise or other debris that creates a walking hazard.
- Damaged stairs and floors: Falls can happen any time a walking surface shifts under someone’s weight while they are climbing stairs or crossing a floor. Broken handrails, torn carpet and loose floorboards all pose significant risk.
- Inadequate lighting: Insufficient lighting makes it difficult to identify obstacles or changes along walking surfaces or stairs. Passing from a well-lit area into darkness can also create a momentary loss of vision that may lead to a fall.
Cases involving dog bites are complex and require the knowledge and skill of an experienced dog bite attorney to prove liability. While many states employ either a “strict liability” or “negligence” rule for dog attack claims, Colorado uses a blend of the two. Strict liability is used in cases where a bite victim is lawfully on private or public property when the attack occurred and suffered serious bodily injury or death as a result. This applies even if the owner isn’t aware that the dog may act aggressively.
Serious bodily injury includes:
- Fractured or broken bones
- A significant risk of death
- A significant risk of permanent disfigurement
- A significant risk of body-function impairment, including organs
Strict liability only applies in cases that involve injuries directly related to bites. If you have been hurt by a dog because it knocked you down, you may seek compensation through a negligence-based lawsuit. Negligence rules may also be used in dog bite cases where the subsequent injuries are not considered serious.
Thousands of people are harmed in escalator and elevator accidents every year in the U.S. Many of these injuries and deaths are the result of preventable negligence. If you’ve been hurt on an escalator or elevator, the experienced attorneys at Fuicelli & Lee, P.C. can help you hold the responsible party or parties accountable for their negligent actions.
There are a number of ways in which an elevator or escalator can cause injury. Some of the most common examples include:
- Crushing accident: This can occur when an elevator platform collapses.
- Electrocution: This is more likely to harm those who install, maintain or repair escalators or elevators.
- Entrapment: This can happen when clothing or body parts are trapped in the moving elements of an elevator or escalator.
- Falling accident: This can include falling down an elevator shaft or down an escalator’s moving stairs.
- Counterweight accident: This can occur when an individual is struck by an elevator’s counterweights.
A number of factors can contribute to these dangerous conditions, such as:
- Escalator or elevator design defects
- Elevator carriage misalignments, in which an elevator stops above, below or in between floors.
- Elevator pulley or door malfunctions
- Faulty wiring
- Failure to repair, maintain or inspect elevators and escalators
- Improper repair, maintenance or installation of elevators and escalators
At Fuicelli & Lee, P.C., our clients are our top priority. When representing you in a premises liability claim, we’ll do everything in our power to maximize your compensation and protect the best interests of your future and family. Potential compensation in premises liability cases include:
- Medical bills (current and future)
- Lost wages (current and future)
- Cost of assistance for daily life activities
- Pain and suffering
- Diminished quality of life
- Burial and funeral expenses (in wrongful death cases)
If you suffered injuries on a dangerous property in Denver, Longmont, Pueblo or other areas along Colorado’s Front Range, contact Fuicelli & Lee, P.C. today online or at 303-355-7202 for a free case evaluation. Our firm works on a contingency fee basis, which means you owe no attorney fees unless we reach a successful outcome in your case.