Think Twice Before Cutting Across That Parking Lot
In the 1980’s the Colorado Legislature wanted to remove the negligence standard from being applied to injuries on the property of another. For example, a slip and fall or merchandise falling on a patron. After several attempts they created the, “Actions Against Landowners” Act. § 13-21-115. This Act categorizes the injured person based upon why they are on the property. The person’s category determines the duty owed by the landowner to protect the person from harm while on their property. Those on the property to conduct business are afforded the highest protection from harm. While those there without consent are afforded little to no protection.
DEFINITIONS
“Trespasser” means a person who enters or remains on the land of another without the landowner’s consent.
“Licensee” means a person who enters or remains on the land of another for the licensee’s own convenience or to advance the licensee’s own interests, pursuant to the landowner’s permission or consent. “Licensee” includes a social guest.
“Invitee” means a person who enters or remains on the land of another to transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner’s express or implied representation that the public is requested, expected, or intended to enter or remain.
STANDARD OF CARE
A trespasser may only recover damages willfully or deliberately caused by the landowner.
A licensee may only recover damages caused:
By the landowner’s unreasonable failure to exercise reasonable care with respect to dangers created by the landowner that the landowner actually knew about; or
By the landowner’s unreasonable failure to warn of dangers not created by the landowner that are not ordinarily present on property of the type involved and that the landowner actually knew about.
Except as otherwise provided in subsection (4)(c)(II) of this section, an invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about or should have known about.
If the landowner’s real property is classified for property tax purposes as agricultural land or vacant land, an invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about.
It is the intent of the general assembly in enacting the provisions of subsection (4) of this section that the circumstances under which a licensee may recover include all of the circumstances under which a trespasser could recover and that the circumstances under which an invitee may recover include all of the circumstances under which a trespasser or a licensee could recover.
LESSON
As the title implies, taking a short cut across someone’s property without their knowledge can have catastrophic consequences for an unexpected traveler. Keep in mind your purpose for being on the property. Realize that if you are not conducting business there may be lesser protections for your safety and you need to proceed accordingly.
IF YOU ARE INJURED ON SOMEONE’S PROPERTY, CONTACT THE EXPERTS AT DANIELS & SCRIVEN, P.C. FOR A FREE CONSULTATION TODAY.