Sutton | Booker secured the dismissal of a premises liability action against a retailer after filing a motion for summary judgment. The motion sought summary judgment in favor of the retailer because there was no evidence that the retailer had any notice of a dangerous condition, a required element under the Colorado Premises Liability Act (PLA).
Under the PLA, an invitee may only recover from a landowner for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect the invitee from dangers on the property of which the landowner knew or should have known. It’s essential in every premises liability action to thoroughly evaluate whether the landowner had the required notice.