Premises liability cases can be complex, especially when you’re injured on someone else’s property. At Harding & Associates, P.C., we regularly help clients navigate these challenges to maximize their recovery. Understanding the laws that govern these situations is crucial, as is knowing your rights under Colorado’s Premises Liability Act (PLA).
Understanding the Premises Liability Act (PLA)
The Premises Liability Act is the legal framework in Colorado that determines the responsibilities of property owners toward people on their land. The law classifies individuals into three categories: trespassers, licensees, and invitees, each with different levels of protection.
- Trespassers: If you’re on someone’s property without permission, you’re classified as a trespasser. The property owner is only liable for injuries if they created a dangerous condition intentionally to harm you.
- Licensees: This category includes people like social guests. Property owners are liable if they are aware of a dangerous condition but fail to warn you about it.
- Invitees: If you’re on the property for the owner’s benefit, such as a customer in a store, you’re considered an invitee. In this case, the property owner is liable for any dangerous conditions they knew or should have known about.
Why the Classification Matters
The classification of your status on the property is crucial because it directly impacts the level of responsibility the property owner has toward you. For instance, if you’re injured as an invitee, the property owner has a duty to inspect their property regularly and address any potential hazards. This higher standard of care means you have a better chance of holding the property owner accountable for your injuries.
Determining Liability: A Case Example
Determining liability in premises liability cases isn’t always straightforward. In one of our cases, a client was injured on a sidewalk. The situation was complicated because the sidewalk was owned by the city, but the adjacent property owner was responsible for its maintenance. We had to determine whether the city or the property owner was liable for our client’s injuries. These cases often involve multiple parties, and understanding who is responsible requires a thorough investigation.
In cases involving government property, like sidewalks, it’s essential to act quickly. Under the Governmental Immunity Act (GIA), you must file a notice of claim within 182 days of the incident. Missing this deadline can bar you from recovering any damages, no matter how strong your case is.
Maximizing Recovery: The Role of Medical Bills
Another critical aspect of premises liability cases is how medical bills are handled. After an injury, your health insurance might negotiate down the amounts you owe, which can affect your settlement if not handled properly. Insurance companies might try to pay only the reduced amount, not the full bill.
At Harding & Associates, P.C., we understand how to navigate these tactics. We advise our clients to redact the reduced amounts from their medical bills when submitting them to the opposing party. This strategy is based on the “collateral source doctrine,” which prevents the at-fault party from benefiting from the discounts your insurance company has negotiated.
By sending only the full amounts of your medical bills, you ensure that your settlement reflects the true cost of your care, not the discounted amount. For example, if your hospital bill was initially $29,000, but your insurance reduced it to $8,500, presenting the full amount can result in a significantly higher settlement.
Why Legal Representation is Crucial
Premises liability cases are often complicated, involving intricate legal concepts like the PLA, GIA, and collateral source doctrine. Without the right legal guidance, you could easily overlook key details that affect your compensation. At Harding & Associates, P.C., we have extensive experience handling these cases, ensuring that our clients understand their rights and receive the full compensation they’re entitled to.
Our firm is committed to helping you navigate the legal process, from determining liability to ensuring that your medical expenses are fully covered. We work closely with you to build a strong case, utilizing our knowledge of Colorado law to maximize your recovery.
If you’ve been injured on someone else’s property, understanding the complexities of premises liability law is essential to securing the compensation you deserve. At Harding & Associates, P.C., we have the expertise to guide you through every step of the process, from identifying the responsible parties to ensuring that your medical bills are fully compensated.
Service Areas: We proudly serve Denver and the surrounding areas, including Aurora, Lakewood, Littleton, and other nearby communities.
For expert legal advice and representation in premises liability cases, contact Harding & Associates, P.C. Call us at 303-762-9500 or visit hlaw.com for a free consultation.