The team of Colorado slip and fall attorneys at Born & McCaffrey Injury Law understands the financial strain you are most likely under if you’ve suffered an injury because of another party’s negligence. You could be facing significant medical expenses and need to take extensive time off from work to recover; the last thing you need is to also have to navigate the claims process on your own.
Our attorneys have decades of combined legal experience that make us the right advocates for complex cases that aren’t easily resolved. Moreover, we demonstrate a fierce dedication to each of our clients. We’ll work tirelessly to offer support through every step of your claim, from your initial consultation to the negotiations with insurance companies.
Retail property owners and managers owe a duty of care to their visitors, guests, and even (in some cases, to a certain degree) trespassers. Although residential property owners have that same duty of care, premises liability laws focus significantly on the responsibilities that business owners have toward their visitors and clients; these regulations require regular assessments of premises to ensure that there are no potential hazards that could put visitors at risk. If an owner or manager doesn’t conduct these evaluations and an accident occurs, they could be held liable.
Not all slip and fall accidents result in personal injury claims, though. To be able to file against a property owner, the state of Colorado asks you to demonstrate:
For example, if there was a spill in a grocery store aisle and a wet floor sign was properly displayed, but you chose to walk over that area anyway, you likely won’t be able to file a claim against the property owner if you were to slip and fall.
The responsibility that the property owner has toward you will also depend on your relationship with them. The highest responsibility is owed to invitees, which includes customers. Next are licensees, such as guests at a private residence. Lastly, property owners have the least responsibility toward trespassers, though that’s not the case when dealing with children who end up on their premises. Even with adult trespassers, however, property owners must not actively try to cause anyone harm.
Keep in mind that you don’t have an unlimited amount of time to file the claim. Colorado’s deadline — its statute of limitations — for most personal injury claims is two years from the date of the injury (or from when you should have reasonably realized you were hurt). Because there may be exceptions to that timeline, hiring a personal injury lawyer as soon as possible will help protect your claim.
Denver slip and fall accidents can occur for all manner of reasons, but there are some common causes, such as:
There can also be visibility problems that could lead to slip and fall accidents. If stairwells don’t have enough lighting, for example, people can easily lose their footing. Missing or broken handrails may also be a problem.
You can trust our team of personal injury lawyers to handle any kind of case. We handle everything from motor vehicle accidents to dog bites.
If you experience a slip and fall accident, taking the following steps is essential to protecting the claim you intend to file:
Often, people hesitate to contact the police after a slip and fall accident, but that’s a mistake. Even if you’re not sure whether you were injured, having the police on site gives you the opportunity to file a claim, seeing as there will be a record of the incident. You should aim to obtain as many official records as possible.
After suffering a slip and fall accident in a location like a store or other commercial property, letting the property owner or manager know is crucial. Ask them to file an official incident report, and make sure you provide as many details as possible. If any witnesses are nearby, ask them to offer their insight.
Slip and fall accidents can cause serious injuries, including trauma to the head and spinal cord. Depending on how you landed or the distance you fell, you could also experience internal damage that you may not notice for a few days. Even concussions are not always apparent to those without medical training. By getting paramedics on-site or going to the doctor after the accident, you can quickly receive the care you need.
If you’re well enough to do so after the accident, start taking pictures and videos of where you slipped. If you need to get medical attention, have someone handle the evidence collection for you. Try to get the contact information of any witnesses, too; even if you don’t get their testimonies at the site of the accident, your lawyer can call them later to support your claim. You can bet that the property owner will try to minimize the accident, which means they’ll try to fix the reason why you fell. If you don’t get the proof you need right after the fact, it can be much harder to prove your claim later on.
Similarly, document all of the medical issues you face, the treatments you receive, and all other expenses associated with the slip and fall accident. If you have to pay parking fees at the hospital, for example, keep the receipts. Start gathering information on the wages you’re missing if you can’t go to work because of your injuries.
Hiring an attorney as quickly as possible after the accident is vital. With the right person by your side, you can begin your claim correctly and negotiate aggressively with insurance companies to receive fair compensation.
After sustaining injuries in a slip and fall accident, you need answers about your legal options. At Born & McCaffrey Injury Law, we frequently receive the following inquiries:
In Colorado, you typically have two years to file these kinds of claims, though there may be exceptions. If, for instance, the accident occurred in a government building, you will have a much shorter timeline in which to file a notice before you can begin a claim. Speaking with an attorney can keep you from missing the deadline.
You can claim medical expenses (both current and future) as well as lost wages. If you can’t return to work, you can also receive compensation for your loss of earning potential. You may also be compensated for the pain and suffering you experienced, along with your loss of enjoyment of life.
You can file a claim against a property owner or manager only if you can prove that they knew of the hazardous condition and did nothing to fix it. If the hazard was visible and you could have avoided it, you will likely not be able to file a claim.
To learn more about filing a claim after a slip and fall accident, speak with one of our attorneys.
After suffering injuries in a slip and fall accident, you may be entitled to file a claim and receive compensation. These cases aren’t easy, however, and you should never pursue them without experienced representation by your side. At Born & McCaffrey Injury Law, our team of Denver personal injury lawyers can guide you through every stage of the process so that you have the best chance to receive compensation.
Call us at (303) 800-6996 to speak with one of our Colorado slip and fall accident lawyers.
Michael has represented well over a thousand injury victims in his career. He has litigated 500 court cases. He has tried cases in counties all over Colorado. He has briefed and argued appeals in the appellate courts. This experience ultimately led to him leaving the big firm life to form Born & McCaffrey in order to provide a more client centered and personal representation than a large law firm is able to provide. [ ATTORNEY BIO ]