Pueblo CO Slip and Fall Lawyer
If you were injured on the property of someone else after an unexpected fall, you should talk to a Pueblo CO slip and fall lawyer right away. You may be experiencing mental and physical pain, inability to work, and significant medical bills due to the injuries you incurred.
At Brylak Law, we have worked with thousands of clients who experienced serious injuries in slip and fall accidents and need help navigating a legal claim. We can help you seek compensation for your injuries and economic losses. Although ever case is different, our experienced Pueblo CO slip and fall lawyer can evaluate your case and handle the legal issues while you focus on recovery.
Understanding Slip and Fall Litigation
When a proprietor leaves a dangerous condition out on the floor they put their customers at risk. When a homeowner leaves a dangerous condition on their stairs or sidewalk, they put others at risk. Both have a duty of care to ensure that those invited onto their premises are safe from possible danger. When they don’t, they’re liable for that individual’s injuries.
In order to decrease their liability, they will attempt to claim that you are partly responsible for your own injuries. If successful, they will diminish the extent of their liability by their own percentage of fault. For instance, if they are 80% liable for the accident, you can only collect 80% of your damages. In Colorado, if your percentage of the blame exceeds the defendant’s, your lawsuit will be dismissed.
What Do You Have to Prove in a Premises Liability Slip and Fall Case?
In the majority of personal injury lawsuits, the question of negligence determines liability. In premises liability lawsuits, such as slip and fall accidents, a plaintiff must prove that the injury was foreseeable. What does that mean?
In a slip and fall lawsuit, a plaintiff must show that the defendant either caused the dangerous condition, knew about the dangerous condition and did nothing to remedy it, or that they should have known about the dangerous condition because it was predictable.
Slip and fall cases can be complex. There are many different types of slip and fall cases, but the most common is a premises liability claim. In a premises liability claim, you must be able to prove that the property owner or manager was legally liable for your damages.
Proving liability requires that you show the following:
- The property owner or manager owed you a duty to maintain a safe environment.
- The property owner or manager acted negligently, recklessly, or intentionally and failed to uphold that duty.
- Your injuries occurred as a result of the property owner or manager’s actions or inaction.
- You suffered damages as a result of your injuries.
Example: Slipping on the Waxed Floor of a Grocery Store
For example, let’s say a grocery store owner waxes the store’s floors, but fails to put out a sign to warn customers of the slippery conditions. Then, you slip and fall at the store. You may be able to recover compensation. In this example, the grocery store owner owes you a duty to maintain a safe environment in which to shop. The property owner acted negligently by waxing the floor and failing to warn customers about a slippery situation. They breached their duty to provide a safe environment. You were injured when you slipped and fell, so any damages, such as medical bills, pain and suffering, and more, can be compensated through a premises liability claim.
A Pueblo CO slip and fall lawyer will investigate your specific situation and gather evidence that is necessary to prove these elements of a premises liability claim. It is important to reach out to an attorney right away. The longer you wait, evidence will begin to disappear and witnesses will forget details.
Other Types of Slip and Fall Cases in Pueblo CO
A premises liability claim is not the only type of lawsuit or claim that you may have if you slip and fall on someone else’s property. You may also make one of the following claims:
People in certain positions owe a duty to others to maintain a safe environment. For example, a store manager may have failed to properly secure inventory that spilled onto the floor, causing you to slip and fall. In this case, the store manager was generally negligent in their duties to maintain a safe store environment.
Most property owners or managers only owe a duty to legal visitors to their property. However, there is an exception made for children, even if they were trespassing. In some situations, a property owner is expected to know that children are likely to trespass on their property (such as swimming pools, billboards, etc.). Those property owners are expected to maintain a safe environment; otherwise, they can be held liable for an attractive nuisance.
If a person purposefully trips you, either out of spite or as a joke, and you fall and incur injuries, that person may be legally responsible for the damages you incur. You may be able to recover compensation from that person, even if they did not own the land on which you fell.
If you were injured in a slip and fall accident while at work or on your employer’s property, you may be able to make a workers’ compensation claim. Workers’ compensation allows you to file a claim and get your medical expenses, lost wages, and a portion of other damages covered quickly.
If you suffered an injury on someone else’s property or slipped and fell due to someone else’s actions or inaction, a Pueblo CO slip and fall attorney can help you obtain compensation for your injuries. You should not shoulder this burden alone. Brylak Law will guide you through the claims process and file a lawsuit on your behalf, if necessary.
Obtaining Evidence in Slip and Fall Cases
It is important to gather as much evidence as possible in a slip and fall cases. Evidence can be difficult to obtain, though, because the scene of the accident is often cleaned or corrected quickly. Property owners or managers don’t want to leave dangerous situations, so the evidence disappears.
Witnesses who may have seen you slip and fall quickly forget the details if they aren’t quickly interviewed. Their statements should be recorded and written down as soon as possible. It’s also important to obtain as many names as possible of bystanders and secure their contact information.
You will also need legal information about the property owner or manager’s duty and negligence. It is important to use statutes, or laws, and case law, or how the court has ruled in past cases, to prove that you deserve compensation. When drafting claims and lawsuit paperwork, you must use legal arguments as evidence.
A Slip and Fall Lawyer Can Help You With Negotiations
After a slip and fall accident, you may be able to make a claim with the property owner’s insurance company. If they deny your claim, make you a low-ball settlement, or no insurance policy exists, you may have to file a lawsuit against the person responsible for your injuries. A Pueblo Co slip and fall lawyer can help you through this process.
Contact a Pueblo CO Personal Injury Attorney Today
As your attorneys, our duty is to advocate on behalf of your interests. That means protecting you from being blamed for the accident and ensuring that you are compensated for the full extent of your injuries. This not only includes medical expenses, but lost wages, pain and suffering and more.
If you experienced injuries after a slip and fall, you deserve compensation for your losses. You may be able to obtain financial damages for:
- pain and suffering,
- medical bills,
- wage loss,
- loss of earning capacity,
- oss of consortium,
- and more.
Brylak Law has successfully litigated several slip and fall accident cases. Our record of success coupled with our tireless advocacy ensures that our clients get a fair settlement from the insurance company. If you’ve been injured in a slip and fall accident, contact us today to speak to a Pueblo CO slip and fall lawyer.