Not every slip and fall accident will lead to a legal claim for compensation. Instead, you will have a claim only if you have suffered a slip or trip on someone else’s property caused by a dangerous or defective condition on the property.
If the property owner allowed that condition to exist through their negligent ownership and maintenance of the property, you could have a claim. You will have to prove the property or business owner’s legal fault for the slip and fall accident to recover compensation from them.
Property owners owe visitors to their property a duty to maintain their properties and take reasonable steps to keep the property free of dangerous or hazardous conditions that might injure a visitor. A property or business owner might be held liable for the injuries of someone who suffers a slip and fall injury if the person fell due to:
- A dangerous or hazardous condition created by the property or business owner’s actions
- A condition that the property or business owner knew of or should have known of and failed to fix
For example, suppose you suffer a slip and fall accident in a supermarket on a puddle of water. In that case, you might be able to hold the supermarket liable if you can prove that the liquid had leaked out from a refrigerated or frozen display case. That is because the condition would have been “created” by the store owner or its employees.
Similarly, you might be able to hold the store liable for a slip and fall that you suffered due to a puddle of liquid spilled by a customer if you can prove that store employees knew about the spill and failed to clean it up, or that the fluid remained on the floor long enough that employees should have discovered and cleaned it up.
How a Colorado Slip and Fall Attorney Can Make a Difference in Your Case
Even if you think you have a straightforward slip and fall case after suffering an accident on someone else’s property, having a Colorado slip and fall attorney from Earl & Earl, PLLC on your side can help make your case go more smoothly and potentially help maximize your financial recovery. We will:
- Take the time to sit down with you in a free case review to go over the details of your accident and learn more about your needs and goals so that we can prepare a legal strategy and argument tailored toward getting the results you want.
- Conduct our own investigation of the accident, including recovering significant evidence like accident scene photos, accident/incident reports, and surveillance footage.
- Bring in engineering experts, where necessary, to help us persuasively show how the accident occurred and explain why the property or business owner should be held accountable for your injuries and losses.
- Help you document the full extent of your losses, including your medical expenses, lost income, and pain and suffering. We may also work with medical, vocational, and financial experts to calculate your ongoing and future losses from your injuries.
- File your claim with the at-fault parties and their insurers and handle all communications with insurance companies and defense attorneys so that you can keep focused on your physical and emotional recovery.
- Vigorously pursue a settlement that provides you with proper compensation. If a settlement cannot be reached that meets your needs and goals, we will take your claim to court or trial to fight for you.
Contact us today to learn more about how our experienced, dedicated team at Earl & Earl, PLLC can help you to pursue your slip and fall accident claim and seek the compensation and resources you need for your recovery.
What Compensation Is Available after a Slip and Fall Accident?
If you have been hurt in a slip and fall (or trip and fall) accident in Colorado, you may be entitled to seek compensation for losses that you have incurred or will incur due to your injuries, including:
- Costs of medical treatment, including hospital stays, surgeries and other medical procedures, doctor’s office visits, medication, medical and mobility equipment, and other out-of-pocket expenses (such as travel costs to medical appointments and procedures)
- Physical and occupational rehab expenses
- Long-term care expenses, including home health care services or personal care, when you experience a long road of recovery from injury or permanent disability from injuries
- Lost wages and income when you miss time from work while recovering from your injuries
- Lost earning capacity if you cannot return to your pre-injury level of work and suffer a reduction of your income as a result of the accident
- Physical pain and emotional anguish and distress caused by your injuries, including scarring and disfigurement
- Lost enjoyment or quality of life due to disabilities that interfere with daily living or participating in activities
At Earl & Earl, PLLC, our Colorado slip and fall lawyers can review your case’s facts and details to help you understand what kinds of compensation may be available to you.
How Long Do You Have to File a Slip and Fall Lawsuit in Colorado?
Under Colorado’s statute of limitations, you typically must file your lawsuit against the property owner where the slip and fall accident or trip and fall accident took place within two years of the date of the accident. Minors injured in a slip and fall have two years from their 18th birthday to file suit.
However, if you are bringing a slip and fall or trip and fall claim against the state government or a local government or public agency, Colorado law requires you to first provide the agency with notice of your claim within 182 days of the date of the accident.
Failing to provide timely notice or to file your lawsuit before the statute of limitations expires on your claim can allow the court to permanently dismiss your claim on jurisdictional grounds, regardless of the merits of your case. For that reason, you should not wait to get legal help. Get in touch with our team today at Earl & Earl, PLLC, and get the personalized service you deserve.
Common Causes of Slip and Fall Accidents
Many kinds of hazards can lead to a slip and fall or trip and fall accident in Colorado, such as:
- Spilled foods and liquids
- Snow and ice
- Mud or plant debris
- Trash or other debris
- Recently mopped or waxed floors
- Transitions between flooring surfaces such as walking from carpet to smooth hardwood floors
- Changes in floor heights such as steps or half-steps between rooms
- Broken and uneven pavement
- Broken tile or hardwood flooring
- Loose or torn rugs or carpeting
- Potholes
- Broken staircases and handrails
- Loose cords or wires strewn across the ground
- Dug holes, ditches, or trenches in the ground
Common Places Where Slip and Fall Accidents Occur
Although a slip and fall can occur virtually anywhere, some examples of business establishments and other locations where these accidents tend to frequently occur include:
- Bars and restaurants
- Grocery stores and supermarkets
- Department stores
- Hardware/home improvement stores
- Malls and shopping centers
- Parking lots and garages
- Public sidewalks and walkways
- Theaters
- Schools
- Hospitals
- Residential complexes and apartment/condo buildings
- Recreational or amusement parks
- Swimming pools
- Ski resorts
