Accidents happen and when they happen on someone else’s property, you may find yourself in a complicated situation where you have cause to file a premises liability lawsuit. Arckey & Steele is a boutique law firm in Denver, CO with more than 30 years of experience in personal injury law — to include premises liability. While there are many Denver law firms that prioritize speed, volume, and quick settlements, we reject that idea in favor of providing you with compassionate legal support that makes your best interests a priority. We will put our years of experience to work for you to ensure your legal rights are protected and you receive the compensation you deserve.
Results for Denver Premises Liability Injury Victims
There are many personal injury law firms that can be considered “settlement mills” that prioritize quick settlements in thousands of cases. Arckey & Steele in Denver, CO is not one of those law firms. We prioritize personal, compassionate legal support in every case and will help provide you with a positive outcome in your legal case.
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Navigating Premises Liability Claims in Denver, CO
Property owners have a responsibility to make sure that their property or anything on their property will not cause an accident or injury. Premises liability is a legal claim filed when an individual is injured by an unsafe or defective condition on another individual’s property. When an individual is injured on another person’s property, they may be eligible for compensation and damages, that can include economic and non-economic damages. Arckey & Steele is here to be a legal resource for you in your premises liability claim in Denver, CO.
Here at Arckey & Steele, we are focused on providing you with quality legal support and service in your premises liability claim. When you are involved in an accident that leads to a civil case, you will undoubtedly come into contact with insurance companies and insurance adjusters — and Arckey and Steele is here to help ensure you receive the compensation you deserve. We employ a boutique approach in order to provide you with direct access to your legal team and help you navigate the legal ins and outs of your premises liability case.
Representation for Premises Liability Cases in Colorado
Types of Denver Premises Liability Claims We Handle
No two premises liability claims are the same and we provided tailored legal strategies and support to fit the needs of your cases at Arckey & Steele.
Snow and Ice Accidents
Winter in Colorado involves snow and ice — and winter conditions can lead to slips and falls that cause injury. This is a common premises liability claim and property owners are required by Denver city ordinances to clear sidewalks of snow and ice within a set timeframe and when sidewalks are not cleared after a snowstorm, it creates dangerous conditions for pedestrians.
Slip and Fall Accidents
Accidents can happen anytime and anywhere, and typical slip and fall accidents are common. No matter where you look, you will find conditions that can lead to slips, falls, and injuries. Slips and falls that occur on someone else’s property due to wet floors, uneven payment, loose concrete, loose rugs, or poor lighting can be included in a premises liability claim.
Swimming Pool and Gym Accidents
When you are active — like in a gym or at a swimming pool — you will discover dangerous conditions that can lead to accident or injury. Premises liability claims that involve injuries at swimming pools or gyms can be the result of poor supervision, faulty equipment, slippery floors, or a failure to secure pool areas.
Negligent Security Claims
Property owners have a responsibility to protect clients, customers, and visitors from danger at their home or business and injuries that occur due to a lack of poor security or safety may meet the criteria for a premises liability claim. Key examples of negligent security claims include unsafe conditions that lead to assaults or robberies in business parking lots, poor lighting at a business, or inadequate locks on property that are known about by the property owner.
Dog Bite Accidents
In many cases — dog bite incidents fall into their own category of personal injury law and Colorado has specific dog bite ordinances — but an incident may still fall under premises liability law if the dog bite occurred on the dog owner’s property. The legal ins and outs of dog bite injury claims and premises liability claims can be complicated to navigate without the help of a personal injury attorney.
Elevator and Escalator Accidents
Apartment building managers and property owners have a responsibility to keep elevators and escalators in safe working condition for visitors and residents. When an accident or injury occurs due to an unsafe elevator or escalator, it may fall into the premises liability category and a personal injury attorney can help injured residents or visitors recover damages.
What to Do if You Are Injured on Someone Else’s Property
Critical Steps to Take After a Premises Liability Accident in Denver
How you react when you are hurt or injured on another individual’s property can set the precedent for a personal injury case. When you are injured in an accident on another person’s property, you will interact with insurance companies and insurance adjusters that want to devalue your claim — making it important to protect yourself and your rights in a civil case.
1Seek Medical Attention
Your health needs to be the priority in any accident — from a car accident to a slip and fall on someone’s sidewalk. When you are injured on another’s property, it is important that you seek medical treatment as soon as possible. This is important for multiple reasons. It ensures that you do not have serious injuries and that minor injuries do not become serious, and it creates a chain of medical documentation and evidence that will serve as the foundation for any premises liability case.
2Report the Incident
Were you injured in a poorly lit hallway of your apartment building? Did you slip and fall on a neighbor’s sidewalk in the winter? The next step in the process is to report the incident and your injury to the property owner, manager, or landlord — and if the property owner is not available, it is important to send a timestamped email or text message with a breakdown of the incident. When possible, fill out an incident report and request a copy of the report for your own records. Do not apologize for the incident or accept fault for the injury when you report it.
3Document the Scene of the Accident
The conditions of a property can change quickly — which makes it important for you to document the scene of the accident when it happens. Use your phone to take photos or video of the hazard that caused the injury with photos of the unsafe conditions and any signs that may accompany the unsafe conditions. If there were any eyewitnesses to the incident, be sure to get statements and save clothes that may have evidence of the incident that can be relevant in a premises liability claim.
4Be Careful Issuing Statements
When you are injured on someone’s property, it is important that you are careful in issuing any statements. Do not waste time arguing with property owners and avoid placing blame. When you are contacted by insurance adjusters, you are not required to provide a statement and information you provide in any statement immediately after the incident could be used to devalue your claim. Do not post information about the accident, your health, or your recovery on social media, insurance adjusters may be able to use the information against you in your case.
Maximize your recovery
Compensation for Premises Liability Injuries in Denver
When you are injured on someone else’s property, you may be eligible to file a premises liability claim with the Colorado court system and you may be entitled to compensation. The financial compensation in a premises liability case is intended to make you “whole” by covering financial and personal costs tied to your injury. The compensation in your case is limited by the Colorado Premises Liability Act that depends on your visitor status — Invitee or Licensee — and the severity of the injury.
Economic DamagesThe economic damages in a premises liability case are defined as objective, financial out-of-pocket expenses that can include current and future medical bills, surgeries, physical therapy, medications, and lost wages for time missed at work while injured. When an injury is severe and requires medical treatment in the future, expert medical professionals can calculate future medical costs that can be included in the compensation for your claim. Injuries that result in permanent injury or disability that prevent you from returning to work may allow you to receive compensation for lost lifetime earnings.
Non-Economic DamagesThe compensation and damages for a premises liability claim go beyond simple medical bills. These are considered non-economic damages. These damages are more subjective and are compensation for pain, anguish, emotional stress, anxiety, depression, and loss of enjoyment of life that are tied to your injury. Colorado statutes put caps on non-economic damages.
Physical Impairment or DisfigurementIn the event that you suffer a severe injury on someone else’s property that results in long-term physical impairment or disfigurement, you may be able to receive additional compensation. These severe injuries can include significant scarring or loss of a limb and the compensation can often bypass the standard non-economic damage caps.
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How Long Do You Have to File a Premises Liability Claim in Colorado?
When you make the decision to file a premises liability claim after an accident or incident, it is important that you understand the statute of limitations for your claim and that legal timeline varies based on the property where the injury took place. Missing your window to file a claim means that your case can be dismissed in summary. According to Colorado law (C.R.S. § 13-80-102), when you are injured on private property, you have two years to file a premises liability claim with the Colorado court system.
Premises liability claims that involve government property — like a public library or government office building — follow a different legal timeline. Liability claims that involve government property have a shorter 182-day statute of limitations under the Colorado Governmental Immunity Act (CGIA). Those injured on government property have 182 days to file a formal Notice of Claim in a legal case.
Our Process
What to Expect When Starting a Premises Liability Claim with Us
Personal injury cases present unique circumstances, yet most cases progress through a standard sequence of events. Here’s what the process often looks like for our Denver clients.
1Investigating the Accident
We thoroughly investigate the events that led up to your accident, gather all police reports, witness statements, and all other required details about the accident. The first part of the investigation work establishes essential elements that will support the entire case investigation.
2Filing the Claim
We will determine both liability and damages before we create a proper claim submission, which we will send to the responsible parties and their insurance providers. We will communicate our initial demand for a fair settlement.
3Negotiating a Settlement
Many cases resolve through negotiation, but only after we understand the full value of your injuries and their effect on you and your loved ones. We don’t rush this step, especially when future care is involved.
4Litigation, If Necessary
If necessary, we will start legal proceedings through court action to obtain a judicial solution after settlement negotiations fail to produce an acceptable agreement. We conduct complete case preparation for all situations that might require court proceedings.
Critical Selection Factors
Choosing a Denver Premises Liability Lawyer
The legal counsel you choose in a personal injury case can have a major impact on your future and your finances — making it important that you find the right attorney in the Denver area. When you file a claim, you will find yourself up against insurance adjusters and insurance companies that will try to find ways to undermine your case and use your words against you to minimize the impact of your injury on your day-to-day life, and ultimately pay you less compensation. Many personal injury law firms are “settlement mills” that are only interested in quick settlements and a check. That’s not what you need in your case. You need a law firm that is going to be your advocate in negotiations and negotiate with your best interests in mind, making sure you receive full compensation in your case. Arckey & Steele can be that law firm for you in Denver, CO.
Why Choose Us
Why Choose Arckey & Steele for Your Premises Liability Case in Denver
Our goal is simple: do fewer cases, and do them exceptionally well.
Small caseloads, focused attention
We intentionally limit the number of cases so each client receives the time, focus, and resources their matter deserves.
Direct access to your attorney
When you contact our firm, you work directly with the lawyer handling your case.
Proven track record
Our attorneys bring decades of combined experience and a track record of results in serious injury and litigation-focused cases.
Meet Our Team
Our Trusted Denver Premises Liability Attorneys
When you hire Arckey & Steele, you work directly with experienced attorneys who are personally invested in your case.
Founder & PartnerEric S. Steele
Tackles cases involving personal injury, business, and employment matters. Eric has significant experience securing meaningful recoveries for injured clients.
Brings over four decades of litigation experience and a strategic approach shaped by years of representing individuals and businesses, often in the courtroom.
Frequently Asked Questions About Premises Liability
In many states, if there is danger that is “obvious” — like if there has been a recent snow storm and there is obvious ice on the sidewalk — the property owner cannot be held liable if you slip and fall because it is “open and obvious”. The Colorado Supreme Court has ruled that this defense does not equate to an immediate dismissal of the case, but is factored into Comparative Negligence and final compensation.
The Colorado legal system employs “Modified Comparative Negligence” to determine fault and compensation in personal injury cases. This law states that if you are more than 50% at fault for your own injury, you are not eligible for compensation — but if you are less than 50% at fault you will be eligible for compensation that is reduced by your percentage of fault. Many insurance providers use this law to shift blame onto the victims in the case and reduce the amount of damages they need to pay.
This is a common question with an answer that is more complicated than it may seem at first glance. The “Landowner” in a premises liability case can include the actual deed holder of the property, a property management company, a tenant in an office or apartment building, or an independent vendor that is responsible for maintenance of the property. An experienced personal injury attorney can help you determine the responsible party in your case.
Properties like ski resorts, gyms, or amusement parks where injuries are more common typically employ liability waivers to protect their business in case of an accident or injury — but a signed liability waiver does not waive “gross negligence” or “willful and wanton” behavior on the part of the property owner or business. Incidents that involve gross negligence may still warrant a premises liability claim and a personal injury attorney can help you determine if your case meets these thresholds.
Resources
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Areas We Serve
Representing Premises Liability Victims Across Colorado
Arckey & Steele represent clients from Denver to Broomfield and all across the Front Range. We have more than 30 years of experience in personal injury law and we stand ready to put our skill, knowledge, and expertise to work for you in your case and protect your best interests.
You shouldn’t have to guess about your legal rights while recovering from a crash. Whether you’re facing mounting medical bills or a disputed police report, we’re here to provide the clarity you need. Reach out today for a no-obligation strategy session
