Can a wrongful death lawsuit be filed against a property owner in Colorado?
Property owners or operators in Colorado can be sued for the wrongful death of another if they failed to exercise reasonable care and protect those who enter their premises from dangerous or hazardous conditions. In some cases, a third-party such as a construction company may also be held liable for the death of another if the company’s negligence contributed to the fatal accident. Some examples of when a property owner may be held liable for a fatal accident are shared down below.
When might a property owner in Colorado be considered negligent?
A property owner in Colorado may be considered negligent if:
- A dangerous condition existed on their property and they failed to fix it or warn others about it. For example, if a property owner knew the stairs in their apartment complex were poorly constructed and were in need of being repaired, he/she could be held liable if the dangerous condition led to a fatal accident occurring.
- The owner allowed individuals to use an elevator that was not properly installed or was malfunctioning.
- A customer tripped over lifted flooring or a slippery substance inside a store.
In order for a party to hold a property owner liable for the fatal injuries their loved one suffered on their property, they will need to show that:
- The property owner knew about the dangerous condition that existed on their property or should have known about it.
- The property owner “failed to use reasonable care to protect against the danger on the property.”
- The property owner’s negligence caused the victim to suffer fatal injuries.
[Source: Section 12:3 of Colorado’s Premises Liability laws].
Holding a property owner liable for the death of another can be extremely challenging, therefore, those who are looking to file a wrongful death lawsuit on behalf of a loved one should consider consulting with an attorney at Bryan & Terrill Law, PLLC first.
Colorado’s Time Limit for Filing a Wrongful Death Lawsuit
Each state has its own laws that govern wrongful death lawsuits. These laws outline which family members are permitted to file suit and the timeframe they have to do this. In Colorado, individuals generally have two years from the date of their loved one’s death to file a wrongful death lawsuit against another party. In this particular case, it would be the property owner.
Contact a Colorado Wrongful Death Lawyer Who Can Assist with the Lawsuit Process
If a family member is looking to hold a property owner in CO liable for the wrongful death of their loved one, they can contact Bryan & Terrill Law, PLLC to learn more about the lawsuit process. According to Colorado Revised Statute § 13-21-203, certain family members may be entitled to recover compensation for grief, loss of companionship, pain and suffering, and emotional stress.
Bryan & Terrill Law, PLLC is a wrongful death law firm located in Colorado that can help a family member determine if they have the grounds to sue a property owner and how much they might be entitled to recover in financial relief.
Bryan & Terrill Law, PLLC can be reached at:
333 W. Hampden Avenue, #420B
Englewood, CO 80110
Phone: 720-923-2333
Website: www.btlawdenver.com
