A slip and fall accident that results in serious injury or even death may be eligible for a personal injury or wrongful death claim under Colorado law. These are very common causes of injury in the state, especially given the wintery conditions that impact the state for a large portion of the year.
Before you determine whether you want to pursue legal action after being injured from a fall, it’s important to understand the different types of slip and falls, how they occur, and when there’s potential liability in slip and fall cases. We will cover all of these important concepts and more in the following guide.
What is a Slip and Fall Accident?
In the context of personal injury law, a slip and fall accident occurs when a person trips, falls, or slips and sustains injuries while on someone else’s property.
Depending on the circumstances and conditions that caused the slip and fall, the property owner may be liable for any injuries or damages that came as a result. This goes under the umbrella of general premises liability law, which we will discuss in more detail below.
Causes of Slip and Falls
Because there are so many possibilities for what a slip and fall accident may look like, we will now illustrate some of the most common causes and scenarios that may be eligible for a personal injury claim.
- Slippery floors: Spilled liquids on the floor that go undetected by property owners can lead to slippery and potentially hazardous conditions
- Uneven surfaces: If the flooring in a property has been neglected and leads to an uneven walking surface, it can be a hazard causing slips and falls
- Poor lighting: Poorly lit spaces like parking lots or stairwells may make it difficult to navigate and more prone to cause slip and fall accidents
- Defective stairs/railings: Broken stair treads, loose handrails, or other defects in stairways can cause slip and fall accidents
- Snowy/icy conditions: Slips and falls may occur if the property owner fails to remove ice or snow from walkways in a timely manner
- Loose carpets/mats: Loose or improperly secured carpets and mats can create serious tripping hazards
- Cluttered floors: Cluttered or congested walkways by objects or debris can cause slips and falls
- Lack of proper signage for hazards: Failing to warn individuals about potential hazards, such as wet floors or steps, can contribute to accidents
Possible Injuries from Slip and Fall Claims
Each slip and fall accident is completely unique, though each case comes with the potential for serious injuries and harm. The following are some of the slip and fall injuries that can occur:
- Sprains and strains: Things like injuries to ligaments, muscles, or tendons that come as a result of the fall, resulting in pain, swelling, or reduced mobility
- Contusions/bruising: Making contact with the floor or surrounding objects during a trip and fall can cause soft tissue damage like bruising or contusions
- Bone breaks/fractures: Breaks or fractures to the hand, wrist, arm, hip, ankle, or leg can come as a result of the accident
- Concussions: Hitting your head during a slip and fall accident can cause a concussion
- Traumatic brain injuries (TBI): Severe falls may cause more serious injuries like TBI, which can damage the spinal cord, cause paralysis, or lead to other neurological issues over the long-term
- Herniated disks: Your spine may rupture or herniate due to the impact of the fall
- Spinal cord injuries: Severe falls can cause serious damage to the spinal cord, resulting in paralysis or other neurological issues
- Dental injuries: Broken or cracked teeth are common injuries from slips and falls
- Facial fractures: Facial bones can fracture after a direct impact from a fall
- Cuts/lacerations: Possible cuts, abrasions, or lacerations may occur
Determining Legal Liability in Slip and Fall Cases
After someone is injured in a slip and fall accident, depending on the circumstances, they may be able to pursue a personal injury claim against the property owner. However, this depends on their ability to establish negligence.
To file a personal injury claim after a slip and fall, here are some of the key elements that you and your slip and fall lawyers need to present:
- Duty of care: Demonstrate that the property owner has a duty of care to ensure their premises are reasonably safe for visitors
- Negligence: The injured party should prove that the property owner was negligent and breached their duty of care, typically that they knew or should have known about the hazardous condition and did not address it in a timely fashion or provide proper warning or notice
- Causation: Show that the hazardous condition directly caused the slip and fall incident
Submit Your Personal Injury Claim with Sandene Law
When you’ve been injured from a slip and fall, you want to know you have the proper legal representation on your side to be your legal advocate and help you secure maximum compensation for any damages you incur. At Sandene Law, our team is composed of experienced attorneys who know the ins and outs of personal injury law in Colorado.
Over the years, we have worked with countless clients on their slip and fall claims, helping them recover the compensation they deserve for their injuries, financial damages, and pain and suffering. As your Denver personal injury lawyer, we will help you understand your legal rights and eligibility for filing a slip and fall claim against the at-fault property owner.
When you’re considering submitting a personal injury claim after being injured in a slip and fall on someone else’s property, contact Sandene Law for a free consultation.
FAQ’s
How does Colorado law determine who is responsible when someone slips and falls on someone else’s property?
In slip and fall accidents in Colorado, liability is determined by whether the property owner breached their duty of care. This means they must ensure their premises are reasonably safe for visitors. If they fail to address hazardous conditions or provide proper warning, they may be held responsible.
Can slip and fall accidents in public places like parking lots or stairwells also be eligible for personal injury claims?
Yes, slip and fall accidents in various public places such as parking lots or stairwells can also qualify for personal injury claims. Property owners of these spaces have a duty to maintain safe conditions for visitors, and if they neglect this duty, they can be held liable for resulting injuries.
What kind of evidence is needed to prove negligence on the part of the property owner in a slip and fall case?
To prove negligence on the part of the property owner in a slip and fall case, evidence such as maintenance records, witness testimonies, photographs of the hazardous condition, or surveillance footage showing lack of warning signs or neglectful maintenance may be needed. This evidence helps establish that the property owner knew or should have known about the danger and failed to address it.
Are there time limits or deadlines for filing a personal injury claim after a slip and fall accident?
In Colorado, there are statutes of limitations that set deadlines for filing personal injury claims, including slip and fall cases. Typically, injured parties have a limited window of time, usually two to three years from the date of the accident, to file a claim. Failing to file within this timeframe can result in the loss of the right to seek compensation.
How can a personal injury lawyer assist someone who has been injured in a slip and fall accident?
A personal injury lawyer can assist someone who has been injured in a slip and fall accident by providing legal guidance, conducting investigations to gather evidence, negotiating with insurance companies on behalf of the injured party, and representing them in court if necessary. They can help navigate the complexities of the legal process and work to maximize the compensation the injured person receives for their damages and injuries.
