Slip and fall incidents may appear small, but they can result in major injuries and devastating repercussions for victims. If you’ve been involved in a slip and fall accident in Denver, it’s critical to grasp the aspects of guilt and the choices for claiming compensation.
Slip-and-fall injuries are among the most common type of property injuries, and commonly result in broken bones, joint injuries and head injuries.
Legally, such claims fall under Colorado premises liability law. Property owners, managers and tenants owe a duty of care to invited guests to avoid the risk of preventable injuries. When a guest is injured, he or she may pursue a claim against one or more of those liable for a property’s upkeep and maintenance.
This blog digs into the complexities of slip-and-fall incidents, highlighting responsibility issues and the paths to receiving the compensation you deserve.
Understanding Slip And Fall Injuries
A slip-and-fall accident happens when someone is hurt as a result of dangerous conditions on the property of another person. These mishaps may occur everywhere, from retail centers and restaurants to public walkways and private dwellings. Wet or slippery surfaces, uneven flooring, insufficient illumination, and barriers are all common causes of slip-and-fall incidents.
Liability In Slip And Fall Accidents
In slip and fall incidents, determining culpability entails determining whether the property owner or occupant behaved carelessly. The following are important criteria that lead to liability:
Duty of Care: Property owners are responsible for keeping their premises sufficiently safe for guests. It involves resolving such dangers immediately or effectively notifying visitors about them.
Negligence: A property owner may be considered negligent if they fail to perform their duty of care by permitting hazardous circumstances to remain. Negligence is crucial in proving guilt.
Foreseeability: Whether the property owner could have reasonably recognized the possible harm frequently determines liability. For example, if a property owner knew or should have known about a leak that caused a slick floor, they may be liable.
Contributory fault: The injured party’s fault may have contributed to the accident in some situations. The comparative negligence rule in Colorado decreases compensation based on the degree of culpability of the injured party.
Potential Damages Available In Search Of Compensation For Slip And Fall Injuries
You have the right to claim compensation if you were harmed in a slip and fall accident caused by someone else’s negligence. Here’s how you can get through it:
Seek Medical Attention: Your health should come first. Seek medical assistance as soon as possible following the accident, even if your injuries appear minor. Your case requires a medical record of your injuries.
Please report the incident: Inform the property owner or management about the accident and ensure it is properly documented. This results in a formal record of the occurrence.
Collect Evidence: Gather evidence such as photographs of the accident scene, dangerous conditions, and any visible injuries you incurred.
Consult a Personal Injury Attorney: Speak with a qualified personal injury attorney who has previously handled slip and fall cases. They may assist you in determining the viability of your claim, navigating legal intricacies, and negotiating with insurance companies.
Slip And Fall Accident Attorney in Denver
Early consultation with a Denver personal injury attorney is critical in these cases. Obtaining available surveillance video and otherwise documenting a dangerous condition is best done in the immediate aftermath of an injury accident, as those responsible typically make quick repairs to correct a dangerous condition or other factors that caused or contributed to a property injury.
Slip And Fall Injuries Compensation
Slip and fall injuries can result in compensation for a variety of factors, including:
Medical Expenses: This category comprises any medical expenditures incurred due to the injury, including hospital visits, tests, prescriptions, and ongoing treatments.
Lost pay: If your injuries cause you to miss work, you can claim compensation for your lost pay.
Compensation for bodily suffering, mental misery, and impaired quality of life due to the accident.
Property Damage: If your personal property, such as electronic equipment, was damaged during the fall, you may be entitled to compensation for repairs or replacement. An attorney may assist you in gathering evidence, communicating with insurance companies, and pursuing just compensation for things like medical expenditures, lost earnings, pain and suffering, and more
Colorado Slip-and-Fall Claims
Colorado premises liability law is found under Section 13-21-115 and imposes duties on property owners, managers or tenants based on the visitor’s status as an invitee, licensee or trespasser.
- Invitee: Under the law, an invitee is on a property to conduct business, and is therefore owed the highest duty of care because of a landowner or tenant’s express or implied representation that the public is requested or expected to enter the premises to conduct business. Customers visiting business properties are invitees under the law. Those injured are entitled to collect damages if a danger or hazard exists that an owner, tenant or manager knew about or should have known about through reasonable diligence.
- Licensee: A licensee is on a property for his or her own convenience or to advance his or her own interest. A visitor on private property is considered a licensee under the law. A licensee is entitled to collect damages for injuries caused by dangerous or hazardous conditions when an owner failed to use reasonable care concerning dangers he or she knew about, or failed to warn of dangers he or she did not create and are not ordinarily present on the property.
- Trespassers: A trespasser is on a property without the consent of the landowner and is therefore owed the lowest duty of care under the law. A landowner is only responsible for injuries to a trespasser if deliberately or willfully caused by the landowner. However, an exception exists under the Attractive Nuisance Doctrine, which could hold landowners responsible if small children are enticed onto a property and injured by dangerous conditions that could be reasonably expected to act as an enticement, such as junk piles, old cars or unguarded swimming pools.
Slip and Fall Injuries in Denver
Slip-and-fall accidents can occur to anyone, but are particularly dangerous for the elderly. Broken joints and bones are often slower to heal, and the fear of falling may negatively impact an older person’s mental health and quality of life. Consequently, businesses that routinely cater to older customers must take special care in keeping their properties free of avoidable hazards.
Common causes of slip-and-fall injuries include:
- Parking lot accidents.
- Stairwell injuries.
- Poor lighting.
- Ice and snow.
- Wet or slippery floors.
- Trip hazards.
- Obstructions in the aisle.
Why Hiring an Experienced Slip and Fall Accidents Lawyer Is Important
Early consultation with an experienced slip-and-fall injury attorney in Denver can allow for thorough investigation of the facts and circumstances of your injury, comprehensive documentation of economic and non-economic damages resulting from injury, and pursuit of all of the parties responsible for the hazardous or dangerous condition that resulted in preventable injury.
Ken Fiedler Injury Law provides passionate, principled and proven representation to victims and families looking for an experienced personal injury lawyer in Denver or the surrounding areas, including Highlands Ranch, Littleton, Ken Caryl, Columbine, Golden, Lakewood, Broomfield, and Arvada.
Frequently
Asked Questions
If you’ve been injured in an accident, there are several important steps you should take to protect your health and legal rights
- Dial 911 – Emergency Services. Get checked out by emergency responders, even if you think injuries are minor, you should always get evaluated. If the accident involved a motor vehicle, file a report with the police This documentation could be important later on.
- Document the Scene: If possible, take photos of the accident scene, your injuries, and any damage to vehicles or property. Collect contact information from witnesses and others involved in the accident READ MORE…
When involved in a personal injury claim, the process can be very intimidating. Many individuals facing this situation are often dealing with life-altering injuries, high medical bills, financial hardships and find themselves feeling very vulnerable.
Hiring a personal injury lawyer can be beneficial in a variety of situations, particularly when you have sustained significant injuries or damages due to someone else’s negligenceREAD MORE…
After being injured in an accident caused by someone else’s negligence, you may be wondering if you actually need to hire a personal injury lawyer. You would want to consult with an attorney, because in most cases, there will be an opposing party in your case that will be working against you. Choosing the right personal injury lawyer for your case is important to ensure you receive the best possible representation and outcome. Hiring a Denver Personal injury lawyer that specializes in that area of law is crucial, to ensure that you are getting proper representation, and your case is in good hands. Having an experienced lawyer like FIEDLER Trial Lawyers is helpful and provides powerful representation.
Here are some tips to help you choose the right lawyer:READ MORE…
The cost of hiring a personal injury lawyer can vary depending on the lawyer and the specifics of your case. However, personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. Here’s how the contingency fee structure typically works and other potential costs to consider:
Contingency Fees: Percentage of Recovery: If the lawyer works on a contingency fee basis, they will take a percentage of the settlement or judgment amount you receive if you win your case. This percentage is typically around 33% to 40% but can vary depending on the lawyer and the jurisdiction.
No Win, No Fee: If you do not win your case, the lawyer will not charge you for legal fees. However, there may still be other costs you could be responsible for (discussed below).RAED MORE…
In a personal injury claim, you may be entitled to several types of compensation, also known as damages, to address the losses and injuries you’ve suffered due to someone else’s negligence or wrongdoing. The types of compensation typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages. Here’s an overview of each:
Economic Damages: These damages are intended to compensate you for actual financial losses resulting from the injury:
Medical Expenses: Compensation for past, current, and future medical costs, including hospital bills, surgeries, medications, rehabilitation, and any other necessary medical treatment. READ MORE…
The value of a personal injury case can vary greatly depending on several factors unique to your situation. Since each case is different, there is no standard formula to calculate the exact value. However, here are some key factors that generally affect the worth of a personal injury case:
Severity of Injuries: The more serious and long-lasting your injuries, the higher the potential value of your case. This includes considering whether your injuries result in permanent disability or disfigurement.
Medical Expenses: Your case will take into account all medical expenses you have incurred, as well as future medical costs related to your injury.
Lost Wages and Earning Capacity: The case can include compensation for lost income due to time off work and any future loss of earning capacity if your injuries affect your ability to work.READ MORE…
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