Experienced Slip and Fall Injury Attorneys in Denver, CO
The Centers for Disease Control and Prevention (CDC) report that approximately 1 million Americans every year are injured due to slips, trips, and falls. Slipping and tripping hazards can be virtually anywhere, such as in the workplace, in a retail store, or along a sidewalk. Essentially anywhere a property owner is negligent in their duty to keep walkways clear is where a slip and fall accident can occur and result in catastrophic injuries. If you have experienced a fall accident, contact a skilled Denver slip and fall lawyer at Springer & Steinberg for guidance.
Someone who slips or trips and falls may suffer:
- Catastrophic injuries
- Back and spinal cord injuries
- Broken bones
- Permanent disfigurement
- Traumatic brain injuries (TBIs)
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Denver Slip and Fall Accident Injury Claims
A property or business owner’s negligence can result in serious harm, even when unintentional. There is a wide range of common causes of slip and fall cases, including:
- Something is spilled on the floor of a business
- A recently-mopped area is wet/slippery
- Ice/snow was not properly or promptly removed
- A rug/carpet is not properly secured
- Exposed wires/cables
- Unmarked bumps or holes in the floor
Any of the above situations can result in an individual falling, slipping, or stumbling and experiencing an injury ranging from minor to severe.
Where do slip and fall injuries happen? These unfortunate accidents can take place virtually anywhere, indoors or outdoors, including:
- Grocery stores
- Shopping malls
- Stores
- Businesses
- Private property
- A friend’s home
- Restaurants
- Shopping centers/plazas
- Sidewalks
Our lawyers want to hear from you. Call (303) 861-2800 now.
What are Common Slip and Fall Injuries?
In many cases, slip and fall accidents cause minor injuries; however, a seemingly small hazard can dramatically alter the life of an unsuspecting individual.
According to the CDC, 1 out of 5 falls results in a serious injury, such as a head injury or broken bones. The statistics also show that falls are the most common cause of traumatic brain injuries (TBIs). Serious slip and fall incidents can be life-altering, leaving an injured individual with a diminished quality of life, heavy financial burdens, and a need for ongoing medical attention.
Additionally, if you are injured after a slip and fall accident, you may not be able to work during your recovery, resulting in lost income. And if the accident causes a permanent disability, you and your family will likely be significantly impacted, leaving your financial and emotional security in question.
Common injuries from slip and fall accidents include:
- Broken bones
- Neck injuries
- Fractures, including fractured hips
- Torn tendons/ligaments
- Spinal cord injuries
- Traumatic brain injuries
- Wrongful death
Even if your slip and fall injury seems relatively minor, there is a possibility that it can evolve into a far worse condition. For this reason, it is imperative that you contact a Denver slip and fall lawyer for an expert assessment of your case – you must protect your future.
Risks To The Elderly
The elderly and disabled are particularly at risk of slipping or tripping on hazards left in walkways by other negligent parties. They are more likely to experience severe injuries that trigger significant financial losses through steep medical treatment bills and missing work. In just a short amount of time, your life can be turned upside-down if you suffer a slip and fall injury due to another party’s mistakes. What can you do to set things upright again?
Come to Springer & Steinberg, P.C. in Denver, of course. Our slip and fall accident attorneys are tenacious fighters for the rights of the wrongfully injured throughout Colorado. We do not hesitate to take a claim to court for litigation when the defendant insists on skirting their responsibilities and would rather you suffer the damages caused by your injuries alone. Our history of successful case results spans 40+ years of collective legal experience!
Types of Slip and Fall Hazards
Common slip or trip and fall hazards throughout different types of properties include:
- Uplifted carpeting
- Liquid spills on tile flooring
- Cracks in the pavement or sidewalk
- Debris left in a store aisle
- Cords or cables on the floor in an office
- Poorly lit walkways
- Stairs or steps without handrails
- Ice around store entryways
What is an Unreasonable Hazard?
Throughout premises liability laws, you will often see mention of whether or not the hazard that caused a slip and fall accident was “unreasonable.” What does it mean for a hazard to be unreasonable or, by extension, reasonable? Basically, a property owner is expected to be reasonably aware of the condition of their property, especially wherever visitors, guests, or others are permitted.
If a slip hazard is difficult to notice or has only existed for a brief amount of time, then it is “reasonable” for the property owner not to know about it. Oppositely, significant hazards or those that have been left unaddressed for a long while paint the property owner as “unreasonable” and therefore liable.
Consider these examples of “unreasonable” and “reasonable” slip and fall hazards:
- You are shopping in a retail store and slip in a puddle of water in the restroom. There were no warning signs about the presence of wet floors. An employee tells you they have had numerous complaints about the leaky sink causing a puddle to form, but the store manager never called a plumber. In this scenario, your claim would be valid because the property owner should have reasonably known about the danger.
- You are shopping in another retail store when you hear a clatter one aisle over. When you move around the corner to see what happened, you slip on a spilled carton of orange juice that another customer had just dropped. In this scenario, you would likely not have a valid premises liability claim against the property owner because they had virtually no time to react to the spill that caused your slip.
Call (303) 861-2800 today to arrange a free initial consultation with an experienced Denver slip and fall lawyer.
How Do I Know Who Is Responsible for My Fall Injury?
Every property owner and controller in Colorado is responsible for presenting a safe space for people who enter their property.Any unreasonable hazard needs to be addressed and corrected as soon as possible. Otherwise, blame for any premises liability-related accident can fall directly on that property owner.
Determining Liability In A Slip And Fall Case
When determining liability for a slip and fall accident, we must ask if the property owner:
- Caused the hazard that led to a slip or trip and fall accident.
- Knew that there was a dangerous condition but failed to address the issue in a timely manner.
- Did not know about the issue in question but would have been aware of it had they exercised reasonable care and attention.
You can expect that any responding insurance parties will do anything they can to put the liability on you. Perhaps they will say you were being unreasonably reckless while on their policyholder’s property. Or maybe they will try to say the hazard that caused you to slip was never there in the first place. Even if it seems abundantly obvious that the property owner or another party was responsible for your fall, establishing liability takes the help of an attorney.
What If I Am Partially At Fault?
Colorado laws also allow for shared or partial fault, which could damage your case if you appear to have been at least partially responsible for your fall and related injuries. As such, having an attorney represent you in your personal injury case may be the difference between a small, unsatisfactory payout and a larger, more appropriately sized compensation package for your damages.
Liability of a Government Entity
If your accident occurred on a property that is owned by a government entity (such as a school or city, county, or state building), your case may be subject to different rules.
Under the CO governmental immunity laws (CRS § 24-10-109), an injured individual must provide formal written notice of a claim to the relevant government entity within 180 days of the accident. If you do not submit a proper notice, you will be unable to seek any compensation. This immunity law, in combination with the CO statute of limitations for slip and fall cases, means that you must act quickly.
Statute of Limitations for a Slip and Fall Accident in Denver
The statute of limitations governs the amount of time you have to file an accident claim. This timeline can vary based on location and the case at hand.
How Long Do I Have to File a Slip and Fall Injury Claim?
In Colorado, you have two years to file a claim against the person or entity that caused your slip or fall. The clock usually starts ticking from the moment you are involved in the accident, and you can’t afford to wait until the two year-mark approaches.
What Damages Can Be Recovered in a Denver Slip and Fall Case?
Damages for a slip and fall case largely depend on the nature of the case and the severity of the injuries involved. But with a competent Denver slip and fall lawyer, accident victims may be entitled to financial compensation for:
- Medical expenses, including for:
- Prescription medication
- Rehabilitation
- Mobility devices/structures
- Medical transportation
- Care/household services
- Emergency treatment
- Future medical expenses
- Lost wages/future lost wages
- Reduced earning capacity
- Permanent disability
- Decreased quality of life
- Pain and suffering
- Funeral expenses
Even if you are determined to be partially at fault, you may still be able to recover economic damages in a slip-and-fall case. So long as you were less than 50% at fault for the injury, you may still receive fair compensation. Your damages will be reduced in proportion to the percentage of responsibility you hold. For example, if you are found to be 20% at fault, then a $100,000 award will be reduced to $80,000.
How Do Liable Parties Try to Avoid Responsibility?
Under the premises liability laws in Colorado, a property owner’s responsibilities are clearly outlined: they must ensure that their property is safe and secure, free from hazardous conditions that may cause injury.
However, it is extremely common for negligent property owners to attempt to shirk responsibility when a slip and fall accident occurs. To avoid the consequences of their negligence, which can include legal representation costs, increased insurance premiums, and a diminished reputation, many property owners try to avoid reporting a slip and fall incident. If and when an accident report is filed, the property owner may try to alter the facts of the event in a way that will make the injured person seem at fault.
Even if a claim is effectively reported, the property owner’s insurance company may deny any liability and refuse to offer any sort of settlement. There are a few common tactics used by property owners, insurance companies, and defense attorneys, including:
- Stating that no negligence occurred: A property owner may try to prove that they did nothing wrong and thus do not have to pay any punitive damages.
- Proving comparative negligence: Due to the CO Modified Comparative Fault statute, any individual deemed more than 50% at fault for an accident does not have a right to receive compensation. A defense attorney may allege that you are at fault due to factors such as vision problems, sobriety issues, or even improper footwear.
- Using varying duties of care: Property owners have different “duties of care,” or responsibilities, depending on who the injured party is. For example, they may attempt to prove that you were a trespasser or licensee when you were injured, therefore reducing their responsibility.
- Disputing injuries: In some cases, a defendant may argue that a victim’s injuries did not actually occur on their property. Or, they may attempt to dispute the extent of the injuries.
How Much Will a Denver Slip and Fall Lawyer Cost Me?
The Denver slip and fall lawyers at Springer & Steinberg are committed to serving the needs of accident victims. We will provide a free legal consultation to discuss your case, so you can move forward with a clear understanding of the damages you may be entitled to and any associated legal costs.
Free Consultation for Denver Slip and Fall Injury Cases
If you or a loved one has been injured after a slip and fall incident, Springer & Steinberg can help. As a trusted Denver law firm, we have advocated for countless victims – and we are exceptionally well-equipped to help you in your time of need.
For more information about how to file a slip and fall claim in Denver, CO, contact our team to schedule your free consultation now.
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