In Colorado, slip-and-fall injuries await around every corner. The harsh winters, mountainous terrain, and wild temperature changes contribute to the risk.
Some of these accidents cannot be prevented. They are just a circumstance of our environment.
However, many slip-and-fall accidents are caused by property owners maintaining their premises negligently.
Property owners are responsible for maintaining their properties in a reasonably safe condition for those that use them.
This standard means they must keep their premises free of dangerous hazards and warn potential visitors of dangers that cannot be fixed.
When property owners fail in this duty, injuries follow. If you have been injured by a hazard on someone else’s property, you may be contemplating one question: Should I get a lawyer for a slip and fall?
What Is a Slip-and-Fall Lawyer
What is a slip-and-fall lawyer? A slip-and-fall lawyer is a personal injury attorney who focuses on victims who slip, trip, or fall due to a dangerous or hazardous condition on someone else’s property.
They help injured individuals pursue compensation for medical expenses, lost wages, and other damages resulting from the accident.
A personal injury attorney can help you identify the causes of your injuries and determine whether you can successfully pursue a personal injury claim.
Common Slip-and-Fall Injuries
Whether an icy sidewalk, a wet floor, or an uneven walking surface caused your fall, several common slip-and-fall injuries result. These injuries include the following:
- Broken bones,
- Neck injuries,
- Torn tendons and ligaments,
- Deep bruises,
- Back injuries,
- Spinal cord injuries, and
- Head injuries.
Each of these injuries can have significant long-term effects. They involve lengthy periods of recovery and high medical bills.
If someone’s failure to adequately maintain their property caused you to suffer one of these injuries, you deserve compensation.
Proving Negligence for Slip-and-Fall Injuries
To recover compensation for your slip-and-fall injuries, you must prove that the property owner was negligent.
Negligence is a legal standard that determines whether someone took proper care under specific circumstances. To establish negligence, you will need to prove that:
- The property owner owed you a duty of care,
- The property owner breached their duty,
- You suffered an injury, and
- The property owner’s breach caused the injury.
A property owner’s negligence might lead to a slip-and-fall accident in several circumstances. These scenarios can include:
- Leaving obstructions in paths that visitors use,
- Leaving loose patches of rug on stairways,
- Having unmarked wet spots on slippery surfaces,
- Leaving icy patches on sidewalks or walkways, and
- Failing to provide handrails where needed.
If you have been injured on someone else’s property, an experienced slip-and-fall lawyer can help you prove negligence.
Compensation for Slip-and-Fall Injuries
In Colorado, compensation for slip-and-fall injuries falls under four categories of damages.
First, economic damages help victims recover the monetary costs of their injuries. Compensation for monetary damages covers expenses such as medical bills, lost time at work, and other out-of-pocket costs of the injury.
Second, non-economic damages compensate victims for costs that are harder to measure. Examples of non-economic damages include pain and suffering, emotional distress, and reputational harm. Colorado has a cap on non-economic damages that victims can recover.
Third, victims in Colorado can recover compensation for permanent physical impairments.
This category covers permanent disabilities such as disfigurement, physical disabilities, and neurological or mental disabilities.
Though these damages are also difficult to measure, Colorado does not cap damages for permanent physical impairments.
Finally, courts can impose punitive damages on defendants for egregiously wrong behavior. Punitive damages are rare, especially in slip-and-fall accidents.
A common defense in slip-and-fall cases is claiming that the victim’s negligence caused the injury. Even if this defense is successfully raised, victims might still be able to recover compensation.
Under Colorado’s comparative negligence standard, victims can recover damages as long as their fault is less than the defendant’s.
However, the victim’s recovery is reduced by the percentage of fault attributed to them by the judge or jury.
Best Lawyer for Slip-and-Fall Injuries
If you have been injured in a slip-and-fall accident, the Tenge Law Firm can help.
Over the last seven years, our best lawyer for slip-and-fall injuries has obtained over $50 million in compensation for victims throughout Colorado.