You know, there’s just something magical about walking through Denver’s historic districts. The old brick buildings, the ornate facades, the sense of stepping back in time – it’s pretty incredible. But here’s the thing most people don’t really think about: these beautiful old buildings come with some serious safety challenges that property owners and visitors really need to understand.
I’ve been really digging into premises liability law, especially as it relates to Denver’s historic buildings, and let me tell you – it’s way more complicated than you’d expect. Whether you’re a property owner trying to balance preserving history with keeping people safe, or someone who’s been hurt in an old building, there are some unique legal rules and hurdles that pop up.
What Makes Historic Buildings Different When It Comes to Safety?
Let’s start with the obvious – these buildings weren’t designed with modern safety standards in mind. When the Daniels & Fisher Tower was built in 1910, nobody was thinking about ADA compliance (making things accessible for people with disabilities) or modern fire codes. The Oxford Hotel, which dates all the way back to 1891, has charm for days, but it also has narrow staircases, uneven floors, and architectural features that would never pass today’s building codes.
But here’s where it gets interesting from a legal point of view: historic buildings often get special treatment under the law. They’re not always required to meet every single modern building code, especially if doing so would mess with their historic look and feel. This creates a tricky situation where property owners have to balance preservation requirements with their legal duty to keep visitors safe. It’s a real tightrope walk!
The Challenge of Grandfathered Features
One of the biggest issues I see with historic buildings involves what lawyers call “grandfathered” features. These are building elements that were perfectly legal when they were built but wouldn’t meet today’s standards. Think steep staircases without proper handrails, low doorways that people constantly bump their heads on, or uneven brick floors that are just begging for someone to trip.
The legal question becomes: when does a grandfathered feature become a problem the owner is responsible for? Courts don’t have a simple answer, and it often comes down to whether the property owner knew about the hazard and whether they took reasonable steps to fix it or warn people.
Understanding Premises Liability Law in Colorado
Before we get into the nitty-gritty of historic buildings, let’s chat about premises liability law in general. In Colorado, property owners have a legal duty to keep their places reasonably safe for visitors. But – and this is important – how much they have to do depends on why you’re there.
Different Types of Visitors, Different Legal Standards
Colorado law recognizes three main groups of people who might be on your property:
Invitees are folks who are there for the property owner’s benefit – like customers in a store or restaurant. Property owners owe invitees the highest level of care. They need to check the property regularly, fix known dangers, and warn about anything that’s not obvious.
Licensees are people who have permission to be there but aren’t there for the owner’s business – maybe a friend visiting your home. The duty here is a bit lower; owners need to warn about known dangers but don’t have to go looking for problems.
Trespassers get the least protection. Generally, property owners just can’t intentionally harm trespassers or set up traps for them.
Most people visiting historic buildings fall into that first category – invitees – which means property owners have the highest duty to keep them safe.
Historic Preservation Laws and Their Impact on Safety
Here’s where things get really complicated. Denver has some of the strongest historic preservation laws around, and sometimes these laws can bump heads with modern safety requirements. The Denver Landmark Preservation Commission has strict rules about what changes can be made to historic buildings, and sometimes these rules make it tough or even impossible to put in modern safety features.
The Balancing Act: Preservation vs. Safety
I’ve seen cases where property owners wanted to install modern lighting or make stairways safer but were told by the historic preservation commission that the changes would mess with the building’s historic vibe. This puts property owners in a tough spot – they’re caught between historic preservation rules and their legal duty to keep things safe.
The courts have generally said that historic preservation rules don’t let property owners off the hook for keeping their places reasonably safe. But they do consider these restrictions when figuring out if a property owner acted reasonably in a given situation.
Special Exceptions and Variances
The good news is that Denver’s historic preservation rules do include ways to make safety improvements. Property owners can ask for special permissions or exceptions when safety improvements are really needed. The trick is showing that the safety issue is a big deal and that your proposed fix is the least noticeable way to handle the problem.
For example, I know of a historic theater that was allowed to install modern emergency lighting even though it didn’t look historically accurate, because the safety benefit clearly outweighed the minor impact on the building’s historic character. Safety often wins out when the case is made well.
Common Safety Hazards in Denver’s Historic Buildings
Let me walk you through some of the most common safety issues I see in Denver’s historic buildings. Understanding these dangers is important whether you’re a property owner, a business operator, or just someone who enjoys spending time in these beautiful old buildings.
Structural Issues
Old buildings settle, and over time, this can create some serious safety hazards. I’ve seen cases involving:
- Uneven floors that are just waiting for someone to trip, especially where different parts of a building have settled at different rates.
- Sagging staircases where the steps aren’t level anymore or the space between steps has become uneven.
- Loose or missing handrails on staircases that might have been fine when installed but no longer offer good support.
- Cracking or crumbling masonry that can fall and hurt people below.
The tricky part is that some of these issues develop slowly, so property owners might not notice them right away. But once they do become aware of a structural problem, they have a legal duty to fix it or at least warn people about it.
Electrical and Mechanical Systems
Historic buildings often have electrical and mechanical systems that are decades old. While these systems might still work, they can create safety hazards that wouldn’t exist in newer buildings:
- Outdated electrical wiring that can cause fires or electrical shocks.
- Old elevator systems that may not have the same safety features as modern ones.
- Heating systems that could create carbon monoxide risks or fire hazards.
- Plumbing issues that can lead to slippery conditions or water damage, eventually causing structural problems.
Accessibility Challenges
The Americans with Disabilities Act (ADA) requires that public places be accessible to people with disabilities. But historic buildings often have features that make full compliance tough or even impossible:
- Narrow doorways that won’t fit wheelchairs.
- Staircases without elevator options.
- Uneven surfaces that are hard for people with mobility issues to get around.
- Lack of accessible restrooms or other facilities.
The ADA does offer some wiggle room for historic buildings, but property owners still need to make reasonable efforts to accommodate people where they can.
Environmental Hazards
Older buildings can contain materials we now know are dangerous:
- Asbestos in insulation, flooring, or ceiling tiles.
- Lead paint on walls, windows, and other surfaces.
- Mold from water damage or poor ventilation.
- Poor indoor air quality from outdated ventilation systems.
These hazards can cause serious health problems, and property owners can be held responsible if they know about these conditions and don’t take the right steps to address them.
Case Studies: Real Denver Historic Building Liability Cases
Let me share some real examples of premises liability cases involving Denver’s historic buildings. I’ve changed some details to protect privacy, but these cases really show the kinds of issues that can come up.
The Union Station Slip and Fall
A few years back, I worked on a case involving a visitor who slipped and fell in Union Station’s Great Hall. The beautiful terrazzo floors had developed some uneven spots over the decades, and during a busy evening, someone tripped and suffered a serious ankle injury.
The interesting legal question was whether the property owners should have known about the danger. The uneven spots weren’t huge – just slight variations in the floor level that had developed over time. But the area got tons of foot traffic, and the owners had actually received previous complaints about people stumbling there.
The case eventually settled, but it highlighted how even minor imperfections in historic buildings can lead to problems if the property owner knows about the issue and doesn’t take reasonable steps to fix it.
The Historic Theater Balcony Incident
Another case involved a patron who was hurt when a piece of decorative plaster fell from the ceiling of a historic theater. The building was over 100 years old, and while it had been maintained, the fancy plasterwork needed specialized restoration techniques that were expensive and took a lot of time.
The theater owners argued that they couldn’t have known exactly when or where plaster might fall, and that constantly checking every decorative bit would be unreasonable. The plaintiff’s (injured person’s) attorneys argued that the owners knew the plasterwork was old and should have been more proactive about maintenance and checking things out, especially after getting reports of small pieces of plaster falling in other parts of the theater.
This case went to trial, and the jury found that while the theater owners weren’t negligent in their general maintenance, they should have done more to inspect and maintain the decorative elements after getting those earlier reports.
The Historic Office Building Elevator Case
One of the most complex cases I’ve seen involved an elevator accident in a historic office building. The elevator was original to the building – installed in the 1920s – and while it had been maintained and updated over the years, it didn’t have some of the safety features that modern elevators include.
When the elevator broke down and a passenger was injured, the legal question became whether the building owner had a duty to upgrade to a completely modern elevator system, or whether keeping the historic elevator to its original specifications was enough.
The case really came down to what expert witnesses said about elevator safety and the specific maintenance records for this particular elevator. The building owner had kept detailed maintenance records and had made several safety upgrades over the years, which helped show that they were taking reasonable steps to keep things safe while also preserving the building’s historic character.
Legal Standards: When Historic Status Affects Liability
So, how does a building’s historic status actually change things when it comes to legal responsibility? This is where things get really nuanced, and honestly, it’s an area where the law is still figuring things out.
The “Reasonableness” Standard
The main question in any premises liability case is whether the property owner acted reasonably given the situation. For historic buildings, courts consider the historic preservation restrictions as part of “the situation.”
This doesn’t mean historic building owners get a free pass on safety. Instead, it means that courts will look at what reasonable alternatives were available, considering those preservation rules. If there were sensible ways to deal with a safety hazard that wouldn’t mess with the building’s historic integrity, the property owner is expected to have taken those steps.
Notice and Knowledge Requirements
One area where historic buildings don’t get any special treatment is the “notice” requirement. Property owners are still expected to know about dangers on their property, whether that’s through regular inspections, reports from tenants or visitors, or just obvious signs of problems.
In fact, I’d argue that historic building owners should be more on top of inspections, not less. These buildings are more likely to develop unusual problems, and ignoring maintenance issues can lead to much bigger headaches.
The Role of Building Codes
Here’s where it gets really complicated. Historic buildings often don’t have to meet current building codes, but that doesn’t mean they’re exempt from safety requirements altogether.
Colorado law generally says that buildings need to be kept in a safe condition, no matter when they were built. So while a historic building might not need to meet today’s code for new construction, it still needs to be reasonably safe for how it’s being used.
The challenge is figuring out what “reasonably safe” means for a building that couldn’t meet current safety standards even if the owner wanted it to. It’s a balancing act, for sure.
Insurance Stuff for Historic Properties
Let’s talk about insurance, because this is where a lot of property owners get a surprise. Insuring a historic building is different from insuring a modern one, and these differences can have big implications for premises liability coverage.
Higher Replacement Costs
Historic buildings are expensive to repair or replace. You can’t just run down to Home Depot for period-appropriate materials or find craftsmen who know how to work with 100-year-old construction techniques on every corner. This means that property insurance for historic buildings is often more expensive and might have different coverage limits.
But here’s what many people don’t realize: higher property values can also mean higher liability exposure. If someone is seriously hurt in your historic building, the damages they can claim might be higher just because the property itself is more valuable.
Specialized Coverage Needs
Standard commercial general liability policies might not fully cover some of the unique risks that come with historic buildings. For example:
- Environmental hazards like asbestos or lead paint might need special coverage.
- Structural failures related to the building’s age might not be covered under standard policies.
- Code upgrade requirements after a loss might not be fully covered.
Many insurance companies now offer specialized coverage for historic properties, and honestly, it’s usually worth the extra cost. Don’t skimp here!
Documentation Requirements
Insurance companies are increasingly asking for detailed paperwork for historic properties. This includes:
- Regular professional inspections of structural elements, mechanical systems, and other building parts.
- Maintenance records showing that the property is being properly cared for.
- Historical documentation about the building’s construction and any previous changes.
- Emergency response plans for protecting historic elements during disasters.
The good news is that this documentation can also be super valuable if you ever face a premises liability claim. Good records can help show that you were acting reasonably to maintain the property.
Best Practices for Historic Building Owners
If you own or manage a historic building in Denver, here are some practical steps you can take to reduce your chances of a lawsuit while still preserving the building’s historic charm.
Regular Professional Inspections
Don’t just rely on casual walk-throughs or tenant complaints to spot problems. Historic buildings need regular professional inspections by people who understand both the old construction techniques and the kinds of problems that pop up over time.
I recommend annual inspections by a structural engineer who knows historic buildings, plus more frequent checks of high-traffic areas and any building systems that are showing their age.
Document Everything
Keep detailed records of all inspections, maintenance, repairs, and improvements. If someone gets hurt in your building, these records can be incredibly helpful in showing that you were taking reasonable steps to keep things safe.
Your paperwork should include:
- Inspection reports with photos of any problems found.
- Maintenance schedules and records of work done.
- Tenant or visitor complaints and how you handled them.
- Emails or notes from historic preservation officials about any proposed changes.
- Insurance inspections and any recommendations they made.
Work with Preservation Officials
Don’t wait until you have a safety crisis to start talking with Denver’s Landmark Preservation Commission. Build relationships with preservation folks and get their input on safety improvements before problems become urgent.
Many preservation officials are actually more flexible about safety improvements than property owners expect, especially if you come to them proactively with well-thought-out plans.
Invest in Proper Signage and Warnings
Sometimes you just can’t get rid of a hazard, but you can warn people about it. Good signage can go a long way toward reducing liability, but it needs to be done smartly.
Effective warning signs should be:
- Clearly visible and placed where people will see them before they run into the danger.
- Specific about what the danger is and how to avoid it.
- Consistent with the building’s historic character (you don’t need ugly plastic signs!).
Plan for Emergencies
Historic buildings can present unique challenges during emergencies. Narrow staircases, limited exits, and unfamiliar layouts can all make getting people out safely a lot harder.
Work with local fire and police departments to develop emergency plans that account for your building’s unique features. Make sure all tenants and regular occupants understand these procedures.
Working with Attorneys: When to Seek Legal Help
Let’s be honest – nobody wants to think about getting sued. But if you own or manage a historic building, there are times when chatting with an attorney can save you a lot of trouble down the road.
Proactive Legal Consultation
You don’t have to wait until someone gets hurt to talk to a lawyer. In fact, it’s often much more cost-effective to get legal advice before problems develop. Think about consulting with an attorney who knows about premises liability and historic preservation law if:
- You’re planning big renovations or improvements.
- You’ve found safety hazards that might be expensive or tough to fix.
- You’re dealing with conflicts between historic preservation rules and safety needs.
- You’re having trouble getting the right insurance coverage.
- You’ve received complaints about safety issues from tenants or visitors.
After an Incident
If someone gets hurt in your historic building, you need to act fast to protect both the injured person and your legal interests:
First, make sure the injured person gets appropriate medical attention. This isn’t just the right thing to do – it can also help limit how serious any potential claim might become.
Second, document the incident thoroughly. Take photos of the scene, get statements from witnesses, and save any physical evidence. Don’t clean up or make repairs until you’ve documented the conditions that led to the incident.
Third, notify your insurance company right away. Most policies require quick notification of potential claims, and failing to report an incident fast can put your coverage at risk.
Finally, contact an attorney who has experience with premises liability cases. Even if you think the incident was minor or wasn’t your fault, getting legal guidance early can help you avoid mistakes that might hurt your case later.
Choosing the Right Attorney
Not all personal injury attorneys have experience with the unique issues that pop up in historic building cases. When you’re looking for legal help, ask about:
- Experience with premises liability cases involving historic or older buildings.
- Knowledge of historic preservation law and how it crosses paths with premises liability.
- Connections with expert witnesses who can talk about building safety and historic preservation issues.
- Track record with insurance companies that provide coverage for historic properties.
At McCormick & Murphy, P.C., we’ve been handling premises liability cases in Denver for decades. Kirk McCormick and Jay Murphy have seen how the law has changed as our city has worked to balance historic preservation with modern safety needs. If you’re dealing with a premises liability issue involving a historic building, we totally get the unique challenges you’re facing.
The Role of Expert Witnesses in Historic Building Cases
When premises liability cases involving historic buildings go to court, expert witnesses often play a really important part. These cases typically need specialized knowledge that goes beyond what judges and juries can be expected to know.
Types of Expert Witnesses
Structural Engineers can explain whether building conditions were safe and what reasonable inspection and maintenance should look like for historic buildings. They can also explain how building techniques and materials used decades ago differ from modern construction.
Historic Preservation Specialists can explain the restrictions that historic designation places on property owners and whether proposed safety improvements would have been reasonable given those preservation rules.
Building Code Experts can help the court understand how current safety standards apply to historic buildings and what alternatives might have been available to address safety concerns.
Safety Consultants can explain whether the property owner took reasonable steps to find and fix dangers, and whether the incident could have been prevented with better safety practices.
The Battle of the Experts
In many historic building liability cases, both sides will have expert witnesses, and these experts might come to very different conclusions about the same facts. The key is finding experts who can explain complex technical issues in ways that judges and juries can easily understand.
Good expert witnesses don’t just have the right credentials – they can also communicate clearly and remain believable even when cross-examined. In historic building cases, it’s especially important to find experts who get both the technical and legal sides of things.
Recent Trends in Historic Building Liability Law
The law around historic building premises liability keeps changing, and there are some interesting trends worth noting.
Increased Focus on Accessibility
Courts are becoming less tolerant of barriers for people with disabilities in historic buildings. While the ADA does offer some flexibility for historic properties, property owners are increasingly expected to find creative solutions that make things more accessible without messing with the historic look.
I’ve seen several recent cases where courts found that historic building owners should have done more to help visitors with disabilities, even when full ADA compliance wasn’t technically required.
Climate Change Impacts
Climate change is creating new challenges for historic building owners. More frequent severe weather events can speed up the decay of historic buildings and create new safety hazards.
Courts are starting to think about whether property owners should be doing more to prepare historic buildings for climate-related risks, especially in areas prone to flooding, high winds, or extreme temperature swings.
Technology Solutions
New technologies are making it easier to monitor the condition of historic buildings and spot potential problems before they become safety hazards. Courts may increasingly expect property owners to use these technologies where they’re available and affordable.
For example, moisture sensors can help find water leaks before they cause structural damage, and thermal imaging can show insulation problems or electrical issues that might not be visible during regular inspections.
The Economics of Historic Building Safety
Let’s talk money, because the financial side of keeping historic buildings safe often drives decisions. Understanding the economics can help property owners make better choices and help injured parties understand the real challenges property owners face.
The Cost of Compliance
Bringing a historic building up to modern safety standards can be incredibly expensive. I’ve seen estimates from hundreds of thousands to millions of dollars for big safety upgrades to large historic buildings.
But here’s the thing – you don’t always have to do everything at once. Courts generally look kindly on property owners who have sensible plans for tackling safety issues over time, especially if they’re prioritizing the most serious dangers first.
The Value of Prevention
While safety improvements can be expensive, they’re usually much cheaper than dealing with a serious premises liability claim. One single lawsuit involving a catastrophic injury can easily cost more than comprehensive safety upgrades would have.
Plus, many safety improvements can actually increase the value of historic properties. Modern mechanical systems, better lighting, and improved accessibility can make historic buildings more appealing to tenants and visitors.
Funding Sources
Property owners shouldn’t forget about potential funding sources for safety improvements to historic buildings:
- Historic preservation tax credits can help offset some of the costs of improvements that are done according to preservation standards.
- Grants from preservation organizations might be available for specific types of improvements.
- Insurance discounts might be available for properties that put in certain safety measures.
- Energy efficiency rebates can help offset the cost of upgrading mechanical systems.
How Denver’s Historic Preservation Rules Work
Denver has one of the most thorough historic preservation programs in the country, and understanding how it works is important for anyone dealing with premises liability issues in historic buildings.
The Landmark Preservation Commission
The Denver Landmark Preservation Commission has authority over changes to designated historic buildings and districts. They review proposed alterations to make sure they fit with the historic character of the building or area.
But here’s what many people don’t know – the Commission can be quite reasonable about safety improvements, especially if you come to them with well-researched proposals that show you’ve thought about preservation concerns.
Design Review Process
Most changes to designated historic buildings need review and approval from the Landmark Preservation Commission. This includes safety improvements that might affect the building’s appearance or historic materials.
The review process can take several months, so property owners need to plan ahead. You can’t wait until you have an urgent safety problem to start the review process.
Historic Districts vs. Individual Landmarks
Denver has both individually designated landmarks and historic districts. The rules can be different depending on which type of designation applies to your building.
Buildings in historic districts might have more flexibility for interior changes but stricter rules about exterior alterations. Individually designated landmarks might be subject to more detailed review for any proposed changes.
Insurance Bad Faith Issues in Historic Building Claims
Here’s something that doesn’t get talked about enough – insurance bad faith issues that can pop up in historic building premises liability cases. At McCormick & Murphy, P.C., we’ve seen how insurance companies sometimes try to take advantage of the complexity of historic building cases to deny or underpay legitimate claims.
Common Bad Faith Tactics
Undervaluing Restoration Costs: Insurance companies might try to use standard construction costs to evaluate claims involving historic buildings, ignoring the specialized materials and craftsmen needed for proper restoration.
Questioning Historic Designation: Some insurers try to argue that buildings aren’t really “historic” or that historic preservation requirements don’t justify higher repair costs.
Delay Tactics: The complexity of historic building cases can provide cover for insurance companies that want to delay paying claims, hoping that claimants will just take lower settlements to avoid lengthy legal battles.
Coverage Disputes: Insurance companies might argue that certain types of damage or liability aren’t covered under standard policies, even when the coverage should clearly apply.
Protecting Your Rights
If you’re dealing with an insurance company after a premises liability incident in a historic building, here are some things to keep in mind:
- Document everything related to your claim, including all your conversations with the insurance company.
- Get independent estimates for any repair or restoration work from contractors who know about historic buildings.
- Don’t accept the first settlement offer without having an attorney look it over.
- Know your policy and understand what coverage you’re entitled to.
- Don’t let the insurance company rush you into accepting a settlement that doesn’t fully pay you back.
The Human Side of Historic Building Injuries
Let’s take a step back from all the legal and technical stuff and talk about the real human impact of injuries in historic buildings. Behind every premises liability case is a real person who got hurt, often through no fault of their own.
Types of Injuries Common in Historic Buildings
The kinds of injuries that happen in historic buildings are often different from what you see in modern buildings:
Falls on uneven surfaces can cause serious injuries, especially to older visitors who might be more likely to get fractures or head injuries.
Injuries from falling objects like loose masonry or decorative pieces can be particularly severe because these objects are often heavy and fall from significant heights.
Injuries from environmental hazards like asbestos or lead exposure might not show up for years but can have serious long-term health consequences.
Accessibility-related injuries happen when people with mobility impairments run into barriers that force them to take unsafe routes through buildings.
The Impact on Victims
People who are injured in historic buildings often face unique challenges in their recovery:
- Complex medical treatment might be needed for injuries caused by unusual hazards.
- Long-term health effects from environmental exposures might require ongoing monitoring and treatment.
- Lost wages during recovery can be especially tough for people whose jobs involve physical activity.
- Emotional trauma from serious injuries can affect people’s willingness to visit similar historic sites in the future.
The Importance of Fair Compensation
When someone is injured because of unsafe conditions in a historic building, they deserve fair compensation for their injuries. This includes not just immediate medical bills, but also:
- Future medical care that might be needed.
- Lost wages during recovery and any permanent reduction in how much they can earn.
- Pain and suffering caused by the injury.
- Loss of enjoyment of life if the injury affects the person’s ability to do things they used to love.
Working with McCormick & Murphy: Our Approach to Historic Building Cases
At McCormick & Murphy, P.C., we’ve been handling premises liability cases in Denver since 1995. Over those years, we’ve seen how the city has grown and changed, and we’ve developed a deep understanding of the unique challenges that come up in cases involving historic buildings.
Our Experience
Kirk McCormick and Jay Murphy have more than 60 years of combined experience in personal injury and insurance bad faith cases. We’ve handled cases involving everything from slip and falls in century-old buildings to complex structural collapse cases where historic preservation issues played a big role.
We understand that historic building premises liability cases need a different approach than standard personal injury cases. These cases often involve multiple areas of law – premises liability, historic preservation, building codes, insurance coverage – and they need attorneys who can see how all these pieces fit together.
Our Philosophy
We believe that property owners have a responsibility to keep their buildings safe, no matter when those buildings were built. Historic designation doesn’t excuse careless maintenance or not caring about visitor safety.
At the same time, we understand that historic building owners face real challenges that don’t apply to owners of modern buildings. We’re not looking to bankrupt property owners who are trying to do the right thing – we want to make sure that injured people get fair compensation and that property owners have good reasons to maintain their buildings safely.
How We Handle These Cases
When we take on a historic building premises liability case, we start by thoroughly investigating the incident and the property where it happened. This usually involves:
- Site inspection by attorneys and expert witnesses who understand both building safety and historic preservation issues.
- Looking through documents including building maintenance records, inspection reports, insurance policies, and any conversations with historic preservation officials.
- Talking with experts like structural engineers, historic preservation specialists, and other professionals who can help us understand the technical issues in the case.
- Legal research into the specific preservation rules that apply to the building and how courts have handled similar cases in the past.
We also work hard to understand the full impact of our client’s injuries. Historic building injury cases often involve complex medical issues, and we make sure we’re working with medical professionals who understand the types of injuries that can happen in these settings.
Our Commitment to Clients
We handle most premises liability cases on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you. We understand that people who have been injured often face financial stress, and we don’t want the cost of legal help to stop people from getting the support they need.
We also believe in keeping our clients informed every step of the way. Historic building cases can be complex and might take longer to resolve than standard premises liability cases. We make sure our clients understand what’s happening with their case and what to expect as things move forward.
Prevention: Making Historic Buildings Safer
While we spend a lot of time talking about what happens after someone gets injured, the real goal should be preventing injuries in the first place. Historic buildings can be made safer without destroying their historic character, but it takes planning, investment, and ongoing attention.
Practical Safety Improvements
Here are some practical steps that historic building owners can take to improve safety while still respecting preservation rules:
- Improve lighting in stairwells and other areas where people might trip or fall. Modern LED lighting can often be installed in ways that don’t mess with the historic look.
- Add subtle warning signs about uneven floors, low doorways, or other hazards that can’t be eliminated. These signs can be designed to blend in with the building’s historic appearance.
- Install modern safety systems like fire alarms and emergency lighting in ways that minimize their visual impact on historic spaces.
- Upgrade mechanical systems to improve indoor air quality and reduce environmental hazards. Modern HVAC systems can often be installed in ways that don’t affect historic spaces.
- Improve accessibility through careful planning and creative solutions. Ramps, accessible restrooms, and other accommodations can often be added without ruining the historic integrity.
The Role of Regular Maintenance
The most important thing historic building owners can do to prevent injuries is to maintain their buildings properly. This means:
- Regular inspections by qualified professionals who understand historic building systems and materials.
- Quick attention to maintenance issues before they become safety hazards.
- Good record-keeping of all inspections, maintenance, and repairs.
- Planning ahead for major maintenance and improvement projects instead of waiting for emergencies.
- Communicating with tenants, visitors, and preservation officials about safety concerns and improvement plans.
Building a Safety Culture
The safest historic buildings are those where everyone – owners, managers, tenants, and regular visitors – takes responsibility for finding and addressing safety concerns.
This means creating systems for reporting safety hazards, taking reports seriously, and following up to make sure problems are fixed. It also means training staff to spot potential safety issues and to talk clearly with visitors about any dangers that can’t be eliminated.
The Future of Historic Building Safety Law
As I look ahead, I think we’re going to see continued changes in how the law balances historic preservation with safety requirements. Several trends are likely to shape this evolution:
Technology Integration
New technologies are making it easier to monitor building conditions and spot potential problems before they become safety hazards. I expect courts will increasingly consider whether property owners are using available technology to keep things safe.
Smart sensors can monitor structural movement, moisture levels, air quality, and other factors that affect building safety. Drone inspections can identify roof and facade problems that might be missed during ground-level checks. These technologies are becoming more affordable and more sophisticated every year.
Climate Adaptation
Climate change is creating new challenges for historic buildings, and the law will need to change to address these. More frequent severe weather events, changing rain patterns, and extreme temperatures all affect building safety.
Property owners may increasingly be expected to think about climate risks in their maintenance and improvement planning. This might include upgrading drainage systems, strengthening building walls, or installing backup power systems for important safety equipment.
Accessibility Requirements
I expect continued pressure for better accessibility in historic buildings. While full ADA compliance isn’t always possible in historic buildings, courts are increasingly expecting property owners to find creative solutions that make things more accessible without messing with the historic look.
This might include portable ramps, assistive listening devices, better lighting for people with visual impairments, or tech solutions that help people with disabilities get around historic buildings more safely.
What This Means for You
Whether you’re a property owner, a business operator, or just someone who loves visiting Denver’s historic buildings, understanding these issues can help you make smarter choices and protect yourself.
For Property Owners
If you own or manage a historic building, the main takeaways are:
- Take safety seriously – historic status doesn’t excuse careless maintenance or not caring about visitor safety.
- Plan ahead – don’t wait for emergencies to start thinking about safety improvements.
- Document everything – good records can protect you if something goes wrong.
- Work with professionals who understand both historic preservation and building safety.
- Get the right insurance that covers the unique risks of historic properties.
For Businesses in Historic Buildings
If you run a business in a historic building, remember that you might have legal responsibility even if you don’t own the building. Make sure you understand:
- What safety responsibilities you have as a tenant or business operator.
- How your lease divides up responsibility for building maintenance and safety.
- What insurance coverage you need for your specific situation.
- How to report safety concerns to the property owner.
- What emergency procedures apply to your building.
For Visitors
If you’re visiting historic buildings in Denver, you can protect yourself by:
- Paying attention to your surroundings and any warnings posted.
- Wearing appropriate footwear for potentially uneven surfaces.
- Reporting safety hazards to building staff or owners.
- Being patient with accessibility limitations while businesses and property owners work to make improvements.
- Understanding your rights if you are injured due to unsafe conditions.
Getting Help When You Need It
If you’ve been hurt in a historic building in Denver, or if you’re a property owner facing a premises liability claim, you don’t have to handle the situation alone. Where premises liability law and historic preservation rules meet is a complex area, and having experienced legal guidance can make a big difference in how your case turns out.
At McCormick & Murphy, P.C., we’ve been helping Denver residents with premises liability cases for decades. We understand the unique challenges that come up in historic building cases, and we have the experience and resources to handle these complex matters effectively.
When to Contact Us
Don’t wait to get legal help if:
- You’ve been injured in a historic building because of what you believe were unsafe conditions.
- You’re a property owner facing a premises liability claim related to your historic building.
- Your insurance company is giving you trouble about a claim involving a historic property.
- You need guidance on how to balance historic preservation requirements with safety obligations.
- You’re planning improvements to a historic building and want to understand your potential legal responsibility.
What We Can Do for You
We can help you understand your rights and options, whether you’re an injured person seeking compensation or a property owner trying to resolve a liability claim. Our services include:
- Case evaluation to help you understand the strengths and weaknesses of your situation.
- Investigation of the facts surrounding an injury or liability claim.
- Expert witness coordination to handle the technical issues that often come up in historic building cases.
- Negotiation with insurance companies and the other side to reach fair settlements.
- Trial representation if your case can’t be resolved through negotiation.
- Appeals if needed to protect your interests.
Our Location and Contact Information
We’re located at 1547 N Gaylord St UNIT 303, Denver, CO 80206, in Denver’s historic Gaylord Street corridor. It’s pretty fitting that we’re in a historic area – we see firsthand every day how Denver balances preserving its past with modern needs.
You can reach us at (888)-668-1182 to chat about your situation. We offer free consultations for most premises liability cases, so you can get professional legal advice without any upfront cost.
We also invite you to learn more about our practice and read reviews from our clients through our professional services profile. We’re proud of the relationships we’ve built with clients over the years, and we think their experiences speak to our commitment to providing excellent legal help.
Final Thoughts: Balancing History and Safety
Denver’s historic buildings are treasures that connect us to our past and give our city its unique character. But they also present real safety challenges that we can’t ignore. The law keeps changing to balance respect for historic preservation with the basic responsibility to keep people safe.
Whether you’re a property owner trying to maintain a historic building responsibly, or someone who’s been hurt because of unsafe conditions, understanding these issues can help you make better decisions and protect your interests.
The good news is that historic buildings can be made safer without destroying their historic character. It takes planning, money, and ongoing attention, but it’s absolutely possible to preserve our architectural heritage while protecting the people who live, work, and visit in these buildings.
If you’re dealing with a premises liability issue involving a historic building in Denver, remember that you don’t have to handle it alone. The attorneys at McCormick & Murphy, P.C. have the experience and knowledge to help you work through these complex issues and protect your rights.
Historic buildings will always present unique challenges, but with proper attention to safety and appropriate legal guidance when problems pop up, we can continue to enjoy these architectural treasures while keeping everyone safe. That’s a goal worth working toward, and it’s one that benefits everyone in our community.
The intersection of historic preservation and premises liability law will continue to evolve as we learn more about both building safety and preservation techniques. By staying informed about these issues and working with experienced professionals when problems come up, we can help ensure that Denver’s historic buildings remain both beautiful and safe for generations to come.
Remember, if you’re facing issues related to slip and fall accidents or other premises liability matters, or if you’re dealing with slip and fall incidents in office buildings, the ideas we’ve talked about here often apply. The key is understanding how the specific circumstances of your situation – including any historic preservation issues – affect your legal rights and options.
Whether you’re seeking justice after an injury or trying to protect yourself from legal responsibility as a property owner, having knowledgeable legal representation can make all the difference. Don’t hesitate to reach out for help when you need it – that’s what we’re here for.
