Accidents happen when you least expect them, and slip and fall accidents are more common than you might think. In the blink of an eye, your day can take a devastating turn. In Colorado, property owners have a legal responsibility to maintain safe premises. That means you may be entitled to compensation for your losses if you suffered injuries in a slip and fall accident. Read on to learn more about how a slip and fall lawyer in Colorado helps you navigate the legal process and seek the justice you deserve.
The Legal Landscape of Slip and Fall Cases in Colorado
Slip and fall accidents fall under premises liability law in Colorado. Premises owners owe a duty of care to people on their property, but that duty hinges on the legal status of the injured party at the time of the fall:
- Invitees. These individuals are invited onto the property for business purposes, including store customers, restaurant patrons, or delivery personnel. Property owners owe the highest duty of care to invitees. They must take reasonable steps to inspect the premises for hazards, fix known issues, and warn invitees of potential dangers.
- Licensees. Licensees are also on the property with permission, but for their own reasons, not for business purposes. Examples include social guests visiting a friend’s home or salespeople entering a business. The duty of care owed to licensees is less stringent. Property owners must warn licensees of known dangers but aren’t obligated to inspect for hidden hazards.
- Trespassers. Those with no permission to be on the property are considered trespassers. Property owners owe trespassers the most minor duty of care, typically only avoiding willful or intentional harm. However, there’s an exception for child trespassers under 18. In these cases, the duty of care owed is similar to that of invitees.
Understanding your visitor status is crucial in a slip and fall case. An experienced Colorado slip and fall attorney assesses the situation and determines the appropriate duty of care the property owner should have upheld. Understanding this duty is critical in building a solid case for compensation.
To win a slip and fall case, you must prove that the property owner breached this duty of care, that their negligence caused your fall, and that your fall resulted in your injuries. An experienced personal injury attorney helps you gather crucial evidence and build a strong case.
Common Causes and Injuries
Slip and fall accidents happen anywhere, but some common causes include:
- Wet or slippery floors. Spills, leaks, or tracked-in moisture can create a treacherous surface.
- Uneven surfaces. Uneven walkways, potholes, or broken steps can cause someone to lose their footing.
- Poor lighting. Dim or flickering lights can make it difficult to see potential hazards.
- Defective maintenance. Broken handrails, malfunctioning escalators, or loose carpeting can all lead to falls.
- Improper snow or ice removal. Failure to remove or de-ice walkways during winter creates a significant fall risk.
The cause of your slip and fall accident helps your slip and fall lawyer in Colorado determine whether a property owner breached their duty of care.
The severity of injuries from a slip and fall vary greatly, but some of the most common include:
- Bone fractures. These injuries range from a broken wrist to a fractured hip, requiring extensive medical treatment and rehabilitation.
- Head injuries. Concussions, lacerations, and even more severe brain injuries can occur from a fall, especially if the head strikes a hard surface.
- Sprains and strains. Ligament and muscle tears can cause significant pain and limit mobility.
- Back and neck injuries. Injuries to the spine can be debilitating and have long-term consequences.
Getting a medical diagnosis of your injuries and outlook for recovery is critical in determining what damages you may be entitled to recover.
Steps to Take After a Slip and Fall Accident
The immediate aftermath of a slip and fall accident can be overwhelming, but several steps may protect your rights.
- Seek medical attention. Your health is your top priority. Get a medical evaluation to document your injuries and begin treatment.
- Report the accident. If the fall occurred on commercial property, report it immediately to a manager or employee.
- Gather evidence. Take pictures of the scene of the accident, the hazard that caused your fall, and your injuries.
- Identify witnesses. If anyone witnessed your fall, get their contact information. Their testimony can be crucial in your case.
- Keep records. Maintain copies of all medical bills, receipts, and other documents related to your accident and treatment.
- Contact a personal injury attorney. An experienced attorney advises and guides you on your legal options through the claims process.
Even if you fail to cover these necessary steps, your attorney may
Recoverable Damages in Slip and Fall Cases
If you’re successful in your slip and fall case, you can recover compensation for your losses. Compensatory damages consist of economic damages and noneconomic damages.
Economic damages are concrete financial losses you’ve incurred as a direct result of your accident. Examples include:
- Medical expenses. This includes bills from doctors, hospitals, physical therapy, and any medications you need for your injuries.
- Lost wages. If your injuries prevent you from working, you can recover lost income during your recovery period.
- Diminished earning capacity. If your injuries affect your long-term ability to work, you may recover compensation for the loss of future earning potential.
- Property damage. If your belongings suffered damages in the fall, you can recover the cost of repairs or replacement.
Receipts and other tangible documentation help your attorney calculate the value of these losses.
Noneconomic damages are more subjective and compensate you for the pain, suffering, and other intangible losses you’ve experienced due to the accident. Examples include:
- Pain and suffering. This includes compensation for physical pain, emotional distress, and loss of enjoyment of life.
- Loss of consortium. If your injuries impact your ability to maintain a normal marital relationship, your spouse may be able to recover compensation for this loss.
- Scarring and disfigurement. If your injuries leave permanent scars, you may be entitled to compensation for the emotional distress this causes.
- Loss of independence. If you become reliant on others for daily activities due to your injuries, you can recover compensation for this loss of independence.
Your testimony and testimony from your friends and family help establish the impact of your injuries on your life and relationships.
Colorado’s Comparative Negligence Laws
Colorado adheres to a comparative negligence system in personal injury cases, meaning that the court determines the percentage of fault each party bears for the accident. Your percentage of fault reduces your compensation award. For example, if you are determined to be 20% at fault for your slip and fall, and your total damages are $100,000, you would receive $80,000 in compensation. However, if you are deemed 50% or more at fault, you are barred from recovery.
A skilled attorney argues your case and minimizes the percentage of fault attributed to you.
Negotiation and Settlement vs. Going to Trial
Most slip and fall cases settle out of court through negotiation with the property owner’s insurance company. Negotiating a favorable settlement is a faster and less stressful option in most cases. Your attorney handles the negotiation process to secure a fair settlement that sufficiently covers your damages.
However, if a reasonable settlement offer isn’t forthcoming, your attorney may recommend taking your case to trial. Litigating your case is a complex and time-consuming process, but may be required to obtain the compensation you deserve.
Finding the Right Personal Injury Attorney
The legal process after a slip and fall accident can be complex. An experienced personal injury attorney can be your strongest advocate. Here are some qualities to look for when selecting an attorney:
- Experience. Choose an attorney with a proven track record of successfully handling slip and fall cases.
- Knowledge of Colorado law. Ensure your attorney is well-versed in Colorado premises liability law.
- Communication style. Find an attorney responsive to your questions and concerns and clearly explain the legal process.
- Contingency fee. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Contingency fee agreements reduce your upfront financial burden.
Seeking referrals for an attorney through friends and family is another great way to connect to an experienced Colorado slip and fall attorney that can help you.
Contact Us
At The Ferrell Law Firm, we understand you have many options when hiring an attorney. However, if you choose our legal team, you will benefit from having an attorney with a comprehensive understanding of personal injury law and the criminal justice system. With prior experience as a Deputy District Attorney, Attorney Michael Ferrell opened his law firm to provide high-quality legal services and representation to clients charged with a criminal offense or who suffered injuries due to another party’s negligence. Contact The Ferrell Law Firm today by phone or email for a free consultation and learn how we can help you!