Under personal injury law, a slip and fall accident happens when someone trips, slips, or falls on someone else’s property and becomes injured. Such accidents occur in Colorado every day, though the circumstances and details surrounding the incident can vary from case to case.
For instance, a busy grocery store with cluttered aisles from misplaced merchandise, spilled liquids, or other hazards can cause someone to slip and fall. In another scenario, freshly cleaned or wet floors in the common areas of an apartment building can be slippery and lead to falls if they don’t put the proper signage and warning signs in place.
There are countless other scenarios and dangerous conditions that can lead to slip and fall accidents, and property owners may be liable for injuries that occur from such incidents, which we will cover in more detail below.
What Types of Slip and Fall Injuries Can Occur?
There is a wide range of possible injuries someone can experience after a slip and fall, ranging from minor bumps and bruises to more serious consequences like fractured facial bones, concussions, and even wrongful death in certain cases. Below, we’ll walk you through some of the most common types of slip and fall injuries:
- Sprains or strains to the ligaments, tendons, or muscles
- Bruising or contusions
- Cuts and lacerations
- Broken bones or fractures
- Concussions
- Traumatic brain injuries (TBI)
- Herniated disk/spinal cord injuries
- Dental injuries/facial fractures
In the most serious instances, slip and fall incidents can be fatal. In fact, the CDC reports that over 17,000 people in the United States die each year because of slip and fall injuries. Thus, it’s important to understand the serious consequences of such incidents. Even if initial injuries don’t seem grave after a fall, certain life-threatening injuries or symptoms may not appear right away.
Being injured from a slip and fall can cause pain, costly medical bills, lost wages if your injuries put you out of work temporarily, and other emotional suffering and costs depending on the extent of your injuries. As such, you may be able to file a slip and fall claim or lawsuit against the property owner to recover losses or damages from the incident.
How to Establish Liability in Slip and Fall Cases
If you have suffered from the above injuries after slipping and falling on someone’s property, you may be entitled to compensation for your damages. To do so, you and your lawyer will need to establish liability and show that the property owner’s negligence led to the accident.
These are the key elements you’ll need to prove when making a slip and fall claim:
- Duty of care: The obligation of the property owner to keep their premises reasonably safe for visitors
- Negligence: The property owner’s breached duty of care regarding hazardous situations on their property that they knew about or should have been aware of to prevent such accidents with timely intervention or proper warning signs
- Causation: The direct tie between the property owner’s negligence and the slip and fall accident
Legal Roadmap for Filing a Slip and Fall Claim
Aside from the importance of establishing liability after a slip and fall, the following are some of the key steps you may go through during the legal process of filing your claim or lawsuit.
- Get Medical Attention: Seek immediate medical attention for your injuries, even if they don’t appear too severe; getting assessed by a medical professional will help you document your injuries and act as key pieces of evidence when filing your claim
- Report the Incident: Report the accident to the building or property owner, staff, or manager and request an official incident report to be filed
- Collect Evidence: If injuries allow, take evidence at the scene to support your claim, like photos of the accident scene, witness names and contact information, photos of visible injuries, and other pieces of evidence to support your claim
- Contact a Personal Injury Lawyer: Meet with an experienced attorney who has handled similar cases and is familiar with local personal injury laws to help you file your claim
- Determine Liability: As mentioned above, you and your legal team will need to establish liability for the slip and fall on the part of the property owner
- File an Insurance Claim: Your attorney will file a claim with the property owner’s insurance company on your behalf, outlining the amount of damages you’re seeking and the evidence you’ve collected to support your claim
- File a Lawsuit: If a fair settlement offer is not made during negotiations, your lawyer may file a lawsuit against the insurance company
- Go to Trial: If a fair settlement still isn’t met after filing a lawsuit, your attorney may represent your case in front of a jury or judge to be determined by trial
Sandene Law: Your Colorado Personal Injury Lawyer
Being the victim of a slip and fall accident can lead to serious injuries, financial loss, and pain and suffering. When you want to seek out the compensation you deserve to cover your financial losses and damages that resulted from the fall, you need to contact a trusted personal injury attorney like Sandene Law.
We offer a totally free consultation to review the details of your case and help provide you with expert legal advice on how to proceed. Navigating the period after being injured at no fault of your own can already be a hectic and stressful time, so we want to remove the burden of filing a slip and fall claim from your table while you focus on recovery.
For over ten years, we have handled countless slip and fall claims and personal injury cases, giving us the hands-on experience needed to fight for our clients’ best interests in the courtroom, negotiate your settlement with insurance companies, and ensure they get a fair shot at the compensation they’re entitled to.
Contact us today if you have questions about filing a slip and fall claim and want to know more about the benefits of hiring a personal injury lawyer to handle your case.
FAQ’s
What are the time limits for filing a slip and fall lawsuit in Colorado?
In Colorado, individuals have a two-year statute of limitations from the accident date to file a personal injury lawsuit, including cases for slip and fall incidents. It’s crucial for victims to initiate legal action within this period to maintain their eligibility for seeking compensation.
How can someone prove negligence in a slip and fall case?
To prove negligence in a legal context, you need to demonstrate that the property owner had knowledge or reasonably should have had knowledge of the unsafe condition. Additionally, it must be shown that the owner did not take the necessary steps to mitigate or eliminate the hazard.
How is compensation calculated in slip and fall cases?
Compensation in a personal injury case can cover medical bills, lost income, and pain and suffering, based on what the injured person has lost and what they will need in the future. The amount is carefully worked out to make sure it covers all the harm and costs caused by the injury.
How long does a typical slip and fall lawsuit take in Colorado?
The time it takes to resolve a case can differ a lot, depending on how complicated the case is, how quickly everyone involved agrees to settle, and how busy the courts are. This could mean the case lasts from a few months to several years.
Can a slip and fall settlement include compensation for emotional distress?
Yes, you can claim compensation for emotional distress if it’s directly linked to the accident. This type of compensation helps address the mental and emotional impact the incident has had on you.
