Slip and fall accidents can happen when you least expect them, and the aftermath can be overwhelming. Medical bills, lost wages, and the emotional toll of an injury can leave you feeling uncertain about your next steps. At The Ferrell Law Firm, PLLC, we understand your challenges after a Colorado slip and fall accident.
Our slip and fall attorney in Colorado protects your rights and ensures that negligent property owners are held accountable. With years of experience in slip and fall law, we are here to be your trusted advocates.
What Is a Slip and Fall Accident?
A slip-and-fall accident occurs when an individual slips, trips, or falls due to a hazardous condition on someone else’s property. These accidents fall under premises liability law, which holds property owners and occupiers responsible for maintaining a safe environment. When they fail to do so, and someone gets injured, they may be liable for the damages.
Example 1: Wet Floors in a Grocery Store
A store patron is walking through a grocery store when they suddenly slip on a puddle of water. The store management is responsible for keeping the premises safe for customers. If they knew about the spill and failed to address it, they could be liable for the patron’s injuries.
Example 2: Uneven Pavement on a Sidewalk
Someone is walking on a sidewalk and trips over a raised section of pavement. If the property owner was aware of the uneven pavement and didn’t repair it, they could be liable, especially if the hazard was not marked or cordoned off.
Example 3: Poor Lighting in a Parking Lot
In another situation, someone might walk through a dimly lit parking lot and trip over a curb they couldn’t see due to poor lighting. The property owner’s failure to provide adequate lighting can be considered negligence, making them responsible for the injuries.
How Can I Prove My Slip and Fall Accident?
Proving a slip and fall accident involves demonstrating that the property owner’s negligence caused your injuries. In Colorado, these cases are classified as personal injury claims and are typically based on the negligence doctrine. To establish negligence, you must prove the following four key elements.
Duty of Care
The property owner owed you a duty of care. This duty means they were required to maintain a safe environment for visitors. The level of duty depends on your status on the property, meaning whether you were an invitee, licensee, or trespasser.
Breach of Duty
The property owner breached their duty of care by failing to address or warn you of a hazardous condition. This breach may involve neglecting to fix a known danger or providing adequate warnings.
Causation
You must show that the property owner’s breach of duty directly caused your injuries. To do this, you must link the hazardous condition to your accident and prove that your injuries resulted from the fall.
Damages
Finally, you must demonstrate that you suffered damages due to the accident. These can include medical expenses, lost wages, pain and suffering, and other losses related to the injury.
What Happens If I Am Partly at Fault for the Accident?
In some cases, you may share some responsibility for the accident. For example, you might have been distracted by your phone or ignored a warning sign. This responsibility doesn’t necessarily prevent you from recovering damages in Colorado.
Under Colorado’s modified comparative negligence rule, you can still recover damages if you are partially at fault, as long as your share of the blame does not exceed 50%. However, your compensation will be reduced by the percentage of your fault. For instance, if you are 20% at fault for the accident, your compensation is reduced by 20%.
It’s important to note that if you are more than 50% at fault, you will not be able to recover any damages. This rule makes it crucial to have a skilled attorney who can argue against any claims of comparative fault to maximize your compensation.
What Is the Deadline for Filing a Slip and Fall Claim in Colorado?
Colorado’s statute of limitations sets a strict deadline for filing a slip and fall claim. In most cases, you must file a lawsuit two years from the accident date. Failing to file within this timeframe could result in losing your right to pursue compensation.
Why Should I Hire a Personal Injury Attorney?
Navigating the legal process after a slip and fall accident can be challenging, especially when dealing with insurance companies and opposing counsel. Hiring a personal injury attorney offers several advantages.
Expertise in Colorado Law
A personal injury attorney with experience in Colorado law understands the nuances of premises liability and can help build a strong case. They are familiar with local laws and court procedures, which can be critical in achieving a favorable outcome.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts, offering settlements far below what you deserve. An attorney can negotiate on your behalf, ensuring you receive fair compensation for your injuries.
Proving Liability and Damages
An experienced attorney knows how to gather evidence, interview witnesses, and work with experts to prove liability and demonstrate the full extent of your damages. This evidence can include medical records, expert testimony, and other critical evidence.
Maximizing Your Compensation
An attorney can help you recover the maximum compensation available under Colorado law by building a comprehensive case and effectively arguing on your behalf. They will ensure that all avenues for compensation are explored, including medical bills, lost wages, and pain and suffering.
Contact an Experienced Slip and Fall Accident Attorney Today
Don’t wait to seek legal assistance if you’ve been injured in a slip-and-fall accident. The Ferrell Law Firm, PLLC, is here to help you navigate the complexities of Colorado slip-and-fall law and fight for the compensation you deserve. Contact us today for a free consultation.
We’ll review your case, answer your questions, and help you understand your legal options. Don’t let a slip-and-fall accident derail your life. Take the first step towards recovery with The Ferrell Law Firm, PLLC.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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