Skip to main content

Contact Us For A Free Consultation

(303) 268-2867

Premises Liability Lawyer In Colorado: Understanding Inadequate Maintenance

Property owners or business owners owe a duty to maintain the property for safety purposes in Colorado. Inadequately doing so can result in compensable damages. If you have been injured, you may be entitled to file a claim, but the insurance company and even the property owner may fight the allegations to minimize or avoid paying you.

At Volpe Law, our premises liability attorney in Colorado handles these types of cases. It is our mission to get maximum compensation for the harm you suffered. Call us today at 303-268-2867 or fill out our online contact form to request a Free 15 Minute Consultation.

PREMISES LIABILITY & INADEQUATE MAINTENANCE IN COLORADO

Premises liability is a legal principle that says owners and occupiers can be held liable for accidents or injuries that occur on their property. Inadequate maintenance is a type of premises liability claim that applies to situations where a person is injured as a result of a property owner’s failure to keep their property in good repair.

Property owners owe a duty of care to people who enter their property and must take steps to maintain it in a safe condition or warn visitors of any hazards. If they fail or are negligent in doing so and a person is injured as a result, the owner may be held liable.

To establish an inadequate maintenance case, a plaintiff (the injured party) usually must show that the owner or occupier knew or should have known the hazard existed and failed to fix it or adequately warn of it. The plaintiff also usually needs to show that they wouldn’t have been injured if the hazard had been fixed.

In an inadequate maintenance case, a plaintiff can sue for compensatory damages, including medical expenses and lost income, as well as pain and suffering.

EXAMPLES OF INADEQUATE MAINTENANCE IN COLORADO

Some examples of inadequate maintenance include:

  • Broken locks and fixtures
  • Loose roof tiles
  • Poor lighting
  • Broken windows and doors
  • Exposed wires
  • Rotting stairs or floorboards
  • Large display shelves that haven’t been fixed to the wall
  • Fallen merchandise

If a visitor to a private or business premises is injured as a result of one of these issues, they may have a premises liability claim against the property owner.

FAULT AND INADEQUATE MAINTENANCE IN COLORADO

Personal injury law, and therefore liability for inadequate maintenance, varies between states and will depend on the specific facts of a case.

Generally, both individual and business owners may be liable for inadequate maintenance. In many situations, tenants may also be liable. Similarly, a condo or homeowners’ association can be liable for injuries sustained in common areas, where they knew or should have known about the hazard, or they created it.

In some limited circumstances, an owner may be able to show that a third person, such as a contractor, or the plaintiff was partially or wholly responsible for the injury. A plaintiff may be partially responsible for their injury where they failed to exercise reasonable care for their own safety.

In some states, the plaintiff’s status is also relevant when assessing liability. For example, many states limit the circumstances in which an owner owes a duty of care to trespassers.

CONTACT A PREMISES LIABILITY ATTORNEY FOR INADEQUATE MAINTENANCE IN COLORADO TODAY

If you’ve been injured as a result of a hazard on someone else’s property, it’s a good idea to speak to a premises liability attorney. The law around inadequate maintenance can be complex, especially in terms of whether or not a duty of care exists and who is liable in the circumstances.

A premises liability attorney can review your case and advise you whether you have any grounds to sue the property owner to recover damages on your behalf. Call Volpe Law today at 303-268-2867 or fill out our online contact form to request a Free 15 Minute Consultation. We are here to help!

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by completing our consultation request form.

Contact Us Today

Volpe Law is committed to answering your questions about Civil Litigation, Real Estate, Construction, Business Litigation, Breach of Contract, Tort Litigation, Mechanics’ Liens, and Contract Review & Drafting in Colorado.

We offer a Free Consultation and we’ll gladly discuss your case with you at your convenience. Contact us today to request an appointment with one of our attorneys.

Office Location

Directions to Volpe Law

19751 E. Mainstreet, #342
Parker, CO 80138

New Clients: (303) 268-2867
Existing Clients: (720) 441-3328

Mon, Tue, Wed, Thu, Fri: 09:00am - 05:00pm

The material on this site and on any third-party web site link included on the Volpe Law, LLC website is for informational purposes only. Nothing on this website may be construed as legal advice. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by calling us as 303-268-2867 or completing a consultation request form. Using this website, filling out any forms, or communicating with Volpe Law, LLC through this site does not form an attorney/client relationship. Your matter may be subject to time limitations. You may be barred from taking any action if you do not timely act. Using or interacting with this website does not constitute your reliance on Volpe Law, LLC to take any action to represent you or preserve any claim that you may have or may assert. Please see Terms of Use for further information.

Connect