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.
Denver Slip & Fall Attorneys
Determining Liability in Slip and Fall Accidents
- 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.
Common Causes of Slip and Fall Injuries in Denver
- Snowy and icy sidewalks: When property owners or businesses do not properly shovel their walkways or driveways, slip and fall injuries are much more likely to happen.
- Wet or slippery floors: Wet floors in grocery stores, retail stores, and other public places can easily lead to slip and fall accidents.
- Hazardous conditions at work: Slip and fall accidents are the leading cause of workers’ compensation claims, according to the National Floor Safety Institute.
- Poor maintenance: Factors like poor lighting or a broken handrail in a stairwell are oftentimes factors in these cases.
- Nursing home negligence: When a caretaker fails to provide the necessary care for an older individual, they may be held liable for any slip and fall injuries.
- A friend or family member’s home
- Work
- Stores (grocery, retail, departments, etc.)
- Sidewalks
- Parking lots
- Stairwells
Common Injuries in Slip and Fall Cases
- Broken and fractured bones
- Traumatic brain injuries
- Soft tissue injuries
- Joint pain
- Sprains
- Nerve damage
- Spinal cord injuries
- Keep your work area clear of hazards and spills.
- Keep your floors free of clutter.
- Keep electrical cords and cables out of harm’s way.
- Never stand on chairs, tables, or any other elevated surfaces, especially if they have wheels.
- Make sure all handrails in the house are secure and properly maintained.
- Properly light all hallways, workspaces, and other high-traffic areas.
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.
Potential Damages Available for Slip and Fall Injuries
- 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.
- 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 in Denver with experience handling slip and fall cases. They may assist you in determining the viability of your claim, navigating legal intricacies, and negotiating with insurance companies.
- Medical Expenses: This includes 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 wages.
- Pain and suffering, mental distress, 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.
Why Hiring an Experienced Slip and Fall Lawyer Is Important
Call Fiedler Trial Lawyers Today if You’ve Been Injured in a Slip and Fall
Frequently Asked Questions
Proving negligence in a slip and fall case in Colorado typically requires demonstrating that the property owner failed to maintain safe conditions. This can include presenting evidence such as photos of the hazard, surveillance footage, witness statements, and medical records documenting your injuries. A skilled Denver slip and fall attorney can gather and organize this evidence to establish that the property owner’s negligence directly caused your accident.
Yes, slip and fall accidents in Denver are especially common during the winter due to icy sidewalks, snow-covered steps, and untreated parking lots. These hazards often arise when property owners fail to properly clear snow or address ice buildup in a timely manner. If you’ve been injured in a winter-related slip and fall accident, it’s important to consult a local attorney familiar with Colorado premises liability laws to explore your legal options.
Even for minor slip and fall accidents, consulting an attorney is a wise decision. Injuries that initially seem minor can worsen over time, leading to mounting medical bills and lost wages. A Denver-based slip and fall attorney can assess the circumstances of your accident, help you understand your rights, and guide you on whether pursuing compensation is necessary. Reach out to us to discuss the details of your case and protect your legal rights.
Additional Information in Denver, Colorado
- National Safety Council - Slips, Trips, and Falls Safety: Offers detailed information on preventing slips, trips, and falls in the workplace, including safety guidelines, training materials, and hazard identification strategies.
- CDC - Preventing Slips, Trips, and Falls for Young Workers: Offers valuable safety tips and resources to help young workers identify and prevent slip, trip, and fall hazards in the workplace.
- American Society of Safety Professionals (ASSP) - Preventing Slips, Trips, and Falls: Highlights key strategies and best practices for reducing slip, trip, and fall hazards in workplaces and public spaces. It provides actionable tips to improve safety and minimize risks, making it a valuable resource for accident prevention efforts.
More 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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