Colorado Springs CO Slip and Fall Lawyer
When a proprietor, property owner, or homeowner leaves a dangerous condition unattended, they are putting others at risk. Under the legal theory of premises liability, they are liable for any injuries you receive, but only under certain conditions. While there are three conditions under which a property owner is liable for injuries, they all boil down to one concept: Was the accident foreseeable?
If it was, then they are responsible for compensating the injured party for their medical expenses, pain and suffering, and lost wages.
If you or a loved one was injured in a slip, trip, or fall accident, a Colorado Springs CO slip and fall lawyer can help you collect damages. The legal process involved in a slip and fall claim or lawsuit can be complex. You shouldn’t have to handle this situation alone. Brylak Law has helped thousands of clients who were seriously injured due to no fault of their own. Call us today for a free, no risk consultation.
Slip and Fall Accident Litigation: How It Works
If you’ve been injured in a slip and fall accident, an insurance company will usually represent the interests of either homeowner or the company whose property you were injured on. If they don’t have insurance, you can sue them directly. Your attorney will argue that they are solely liable for the accident because they either created the dangerous condition, knew about the dangerous condition, or should have known about the dangerous condition.
They will counter this argument by claiming that you are (at least) partly to blame for the accident. In Colorado, two parties can share blame for an accident, but if you are more to blame for the accident than the party you are suing, your case will be dismissed by the judge. This is why determining fault is crucial to a slip and fall accident claim.
There is another question that needs to be answered. In cases where you were invited onto the premises, you have the strongest claim against the defendant. Door-to-door salespeople, for instance, have the next strongest claim. Those who were trespassing on the property have the weakest claim.
Premises Liability Slip and Fall Cases
The most common type of slip and fall case involves premises liability. This is where you hold a property owner or manager responsible for their actions or inaction that resulted in your injuries. However, it can be difficult to prove that a property owner or manager is responsible. You must show the following:
- They owed you a duty (to provide a safe premises).
- They failed to uphold that duty (by acting negligently, recklessly, or intentionally).
- You were injured because the property owner or manager didn’t uphold their duty.
- Your injuries resulted in economic and/or noneconomic damages.
By working with a Colorado Springs CO slip and fall lawyer, you can develop a solid case that shows a property owner or manager is responsible for your injuries. You may be able to recover compensation for medical costs, wage loss, and more.
Other Types of Slip and Fall Accidents in Colorado Springs CO
Although premises liability claims are common, there are other ways to prove that someone else is responsible for your injuries. You may have experienced one of the following accidents that resulted in damages:
- Someone’s general negligence caused you to have an accident and incur injuries. This may include a store employee who failed to put up a slippery when wet sign after being told to do so by a property owner. Because the property owner tried to rectify the dangerous situation, they may not be liable. However, the employee who failed to follow instructions negligently caused your injuries.
- An attractive nuisance resulted in injuries to your child. Property owners are generally only liable to people who are on their property legally. However, certain types of properties are considered attractive nuisances and it should be assumed that children may trespass. These locations include swimming pools, billboards, and more.
- Someone acted intentionally to hurt you. If someone puts out their foot and trips you, resulting in a fall and injuries, their intentional act can make them legally liable. Whether the person was acting out of spite or as a joke, they are responsible for your injuries, even if they were not the property owner.
- You were injured at work. You may be able to file a workers’ compensation claim if you suffered a slip and fall while on the job or on your employer’s property. The Colorado Workers’ Compensation system works to help both employers and employees file valid claims.
Slip and fall actions can be complicated. You may be unsure of who to blame, but you know that someone else is responsible for your injuries. At Brylak Law, we can help. We will review the situation, conduct necessary legal research, and work to obtain compensation for your injuries.
Collecting Evidence to Prove Your Slip and Fall Claim
It is important to contact a Colorado Springs CO slip and fall lawyer right away if you are injured due to a slip, trip, or fall. The evidence in these cases disappears quickly. You should immediately begin gathering evidence at the scene in the form of photos, videos, and written details. If you are unable to, you should call a Colorado Springs CO slip and fall lawyer to start the investigation right away.
After a slip and fall accident, property owners often quickly clean up the scene. They want to correct the situation so no one else is injured. But they also don’t want to leave evidence for long. It’s important to record the scene as quickly as possible after your accident. You make take pictures and videos or write down the details that you remember.
Witnesses can also be helpful after a slip and fall accident. However, bystanders quickly forget what they saw. You should obtain names and phone numbers of all witnesses and give them to your Colorado Springs CO personal injury lawyer to follow up and obtain details soon after your accident.
Negotiating With Property Owners and Insurance Companies
Most slip and fall claims will involve the insurance company. This may be a homeowner’s policy, landowner’s insurance, or workers’ compensation. No matter which type of insurance company you are dealing with, their goal is always to get rid of the claim as quickly and cheaply as possible. They may deny your claim or make you a low-ball settlement offer. By working with a Colorado Springs CO slip and fall lawyer, you can show the insurance company that you are taking the situation seriously by protecting your rights and fighting for a fair settlement.
Litigating a Slip and Fall Lawsuit in Colorado Springs
If the insurance company refuses to come to a fair agreement or there is no insurance policy available, then you may have to file a lawsuit against the person responsible for your injuries. Lawsuits are difficult because they require legal research, specific documentation, legal arguments, and filing of specific forms. You must meet statutory deadlines and ensure that your claim is complete. A Colorado Springs CO slip and fall lawyer can help you with this complex legal process.
Contact a Colorado Springs CO Slip and Fall Lawyer Today
If you or a loved one has sustained injuries in a slip and fall accident, you may be eligible for compensation for your losses. You don’t have to deal with this situation alone. The attorneys at Brylak Law understand how slip and fall litigation works. We can generally settle your claim before it reaches the litigation stage, but if the insurance company is not willing to be reasonable, we aren’t afraid to take the case to trial either. If you’ve been injured by a property owner’s carelessness, contact us today. We can help you deal with the legal process while you focus on recovery.