Personal injuries can happen in a number of ways at business locations and government buildings. There are slip and fall incidents, collisions, food poisoning at restaurants, etc. Business owners can be sued for negligent supervision or training of employees.
If you are injured at a business location or a government building you can only sue the business or government if they were at fault and breached a duty of care that was owed to you as a business “invitee.” Because a customer is considered to have been invited onto the premises for the economic benefit of the business, they are owed more care than anyone else at the premises. However, the business or governmental entity is only required to exercise the amount of care that a reasonably prudent person would under the same circumstances.
The business or governmental entity must guard against foreseeable dangers and take reasonable precautions to prevent injuries and also must warn customers of any dangers of which it knows or should have known in the exercise of reasonable care. An injured customer will only be able to sue the business or government if they can prove a breach of these duties of care. There will also be the question of whether the customer was at fault for their own injuries and whether any damages award should be reduced by the customers own negligence.
While this may sound like a hard case to prove and win, if you have been injured at a business or government building you should consult with an experienced Colorado personal injury lawyer before deciding you do not have a case. Every case is different and an experienced lawyer can help you analyze your particular case and help you decide if you should file suit or not.
If the injury occurred at a government building there will be the added issue of the Colorado Governmental Immunity Act. This Colorado law says that a governmental entity cannot be sued unless there is a waiver of their immunity for type of case you are bringing. While there is generally a waiver of immunity for a dangerous condition of a public building, that will depend on the particular facts of your case. Consulting a experienced Colorado attorney who understands the Governmental Immunity Act is imperative. That law also puts other requirements on someone who wants to sue the government like having to file a written notice of claim within 180 days of the accident and puts some limits on the amount of damages that can be recovered from the government.
Because these cases can get complicated, if you have been injured at a business or government building and are contemplating seeking compensation for your injuries you should contact us as soon as possible for a free initial consultation to review your case. Give us a call at (720) 457-5959.