Fifteen percent (15%) of all accidental deaths are caused by premises liability or slip and fall accidents—second only to motor vehicle accidents. There are many different kinds of slip and fall or trip and fall incidents in Colorado. Often, slip and falls result in severe injuries, including broken bones and spinal problems. Unfortunately, slip and fall cases are also some of the most difficult cases to successfully present in Colorado.
What is a premises liability case?
Injuries that result from unsafe property conditions are called premises liability cases. Storeowners and homeowners are legally required to keep their property safe and warn others of potential dangers. For example, if an employee of a business mops the floors and fails to post a sign warning customers that the floor is wet and a customer slips and falls, the owner may be held liable for any injuries that occur. If you or a loved one has been injured on a property of another, you may be eligible for compensation.
Information Regarding Slip and Fall Accidents
Owners or occupiers of property have a duty to protect persons lawfully on their property from injuries caused by dangerous conditions that the owner or occupier knew or should have known existed. For example, businesses and residences may be liable for hazardous conditions due to a buildup of ice or snow if they do not take adequate precautions to clear them. It is usually not difficult to determine who owns the property and an occupier is someone who has control over the property, such as a renter. In Colorado, the owner or occupier must be negligent in some way before they can be held liable.
The duty to warn and liability of an owner or occupier varies depending upon the status of the visitor who is be on their property.
There are three legal definitions of visitors who can be injured in a premises
liability claim in Colorado:
- Invitee: Someone who has been invited onto the property such as a customer in a
retail shop or a bar patron.
- Licensee: Someone who has entered onto the property for their own purpose or as
a social guest, such as a friend attending a party.
- Trespasser: Someone who has entered onto the property with no right to do so, such as vandals.
Who is responsible in a slip and fall case?
In Colorado, both the property owner and the injured person can be held to varying degrees of responsibility for an injury. The property owner/occupier has a responsibility to keep the property safe and the visitor has the responsibility to recognize hazards that may arise. Accordingly, every premises liability case is evaluated on an individual basis, taking into consideration the property owner’s conduct in eliminating the hazard and the visitor’s conduct in recognizing the potential hazard. Slip and fall accidents can result in serious injuries and financial expenses, including lost wages and medical bills. If you or a loved one had been injured in a slip and fall accident, you need an attorney with the experience to handle your case aggressively and effectively. The Denver personal injury attorneys here at the Bendinelli Law Firm, P.C. know Colorado’s premises liability laws and understand how to successfully present a slip and fall case.
At the Bendinelli Law Firm, P.C., we have the knowledge and experience you need and we have an experienced, qualified staff that is ready to fight for your rights. We tell our clients- we want you to concentrate on the important things: getting healthy and returning to your day-to-day life, while our attorneys take care of the complicated legal issues and deal with the business owner and the insurance company. We will work hard to protect your interests and get you the compensation you deserve.
Contact us today by dialing (720) 457-6833 for your free and confidential initial consultation.