Slip and Fall
If you have suffered a fractured arm, broken hip, head injury, physical disfigurement or harm, back or neck injury, or any other injury as a result of a slip and fall accident in Denver, it is important to contact an experienced personal injury lawyer immediately.
The person in possession of the property where you were harmed may be liable for injuries you sustained as a result of their failure to maintain their property or correct any hazards on their premises.
It is important to contact a personal injury attorney as soon as possible after you sustained injuries as a result of your slip and fall. Under section 13-80-102 of the Colorado Revised Statutes, an injured party only has two years to pursue a tort claim against the individual who caused their injuries. This is known as a statute of limitations (SOL), which bars the injured party from filing a lawsuit for damages after a certain period of time has passed.
However, if the property involved in the incident was owned by a governmental entity, such as a city, county or state building or a school, different rules may apply. Under Colorado’s governmental immunity laws (CRS § 24-10-109), an injured party must give formal written notice of the claim to the governmental entity within 180 days of the date of the accident. If you fail to give proper notice under Colorado law, you will be barred from seeking compensation for your injuries and damages. Since the SOL is only two years and other deadlines can be as short as 180 days from the date of the slip and fall incident, it is very important to hire a Denver personal injury attorney as soon as you have been involved in a slip or trip and fall incident.
Denver Slip and Fall Lawyer
Contact the Law Office of Jennifer L. Donaldson today at (303) 458-5000 for a consultation about your slip and fall accident throughout Denver and the surrounding areas of Boulder, Longmont, Lakewood, Arvada, Aurora, Thornton, Westminster, Centennial and Littleton. Attorney Jennifer L. Donaldson is a caring and compassionate Colorado personal injury attorney who will make every effort to help you recover full and fair compensation for your slip and fall injuries and resulting losses. Call the Law Office of Jennifer L. Donaldson today to schedule a free consultation regarding your slip and fall claim.
Denver Slip and Fall Claims
Slip and fall cases generally occur when a business or store has spilled something on the floor, an area was wet on the premises because it was recently mopped, ice and snow were not properly or timely removed, a carpet or rug is not secure, wires or cables are exposed on the premises, or holes or bumps in the floor are not clearly marked at the store or business. Any of these situations can cause an individual on the premises to fall, lose their traction, stumble, trip or slip as a result of the defect or hazard.
Some of the most common locations slip and fall cases take place are:
- A friend’s home,
- A place of business,
- Stores of any kind,
- Department stores,
- Grocery stores,
- Private property,
- Retail establishments,
- Shopping center,
- Shopping plazas,
- Sidewalks, and/or
Plaintiff Status in a Denver Slip and Fall Case
If you were injured in a slip and fall accident in Colorado, you must be classified as a certain type of plaintiff in order to recover for your injuries. According to the Colorado Revised Statutes § 13-21-115, the various plaintiff statuses are as follows:
- An Invitee is a person that was invited to enter or remain on the premises for the benefit of the person in possession of the premises, such as for business purposes. An invitee is usually owed the highest duty of care by the person in possession of the premises, and can recover for their injuries if they can prove the person in possession of the premises failed to exercise reasonable care to protect against a danger or harm on the premises that he knew of or should have known existed.
- A Licensee is a person that has been invited to enter or remain on the premises for any other purpose besides a business purpose, such as a social guest. A licensee is also owed a duty of care by the person in possession of the premises, and can recover for their injuries if they can prove the person in possession of the premises failed to exercise reasonable care with respect to the dangerous condition on the premises and either knew about the danger or failed to warn about the dangers on the property.
- A Trespasser is a person that enters another person’s property for their own purpose and without an express or implied invitation. A trespasser usually cannot recover for their injuries, unless the person in possession of the premises willfully or deliberately caused the trespasser’s injuries.
Proving a Slip and Fall Claim in Denver
If you have been injured in a slip and fall accident, it is covered by premises liability laws in Colorado. This means in order to win your slip and fall negligence lawsuit, your attorney will have to prove the following:
- A condition existed on the premises that posed an unreasonable risk of harm.
- The person in possession of the premises must have known or should have known the harmful condition was present and posed harm to invitees or licensees on the premises.
- The person in possession of the premises was negligent in creating the dangerous condition or they were negligent in failing to warn about the condition or fix it.
- You must have sustained an injury as a result of the dangerous condition.
Denver Damages for Slip and Fall Lawsuits
If you have been injured in a slip and fall accident, you may seek damages from the property owner to compensate you for the injuries and losses you sustained as a result of the incident. Pursuant to the Colorado Revised Statutes Article 21 of Chapter 13, various types of damages are recoverable for injuries related to a slip and fall accident:
- Economic Damages – These damages are intended to compensate the injured party for all financial losses they have incurred or will incur in the future as a result of the slip and fall accident, which may include loss of income, medical and rehabilitation expenses, diminished earning capacity and other out-of-pocket expenses.
- Non-Economic Damages – These damages are intended to compensate the injured party for damages and losses they have suffered as a result of the slip and fall accident, including:
- Physical pain and suffering,
- Mental anguish and emotional stress,
- Loss of enjoyment of life, and/or
- Impairment of normal lifestyle.
The amount of noneconomic damages allowed in Colorado is currently limited to a maximum of $500,000.
- Physical Impairment and Disfigurement – These damages are intended to compensate the injured party for permanent physical disability, scars or disfigurement they may have sustained as a result of the slip and fall accident. This element of damages is not limited by the caps on noneconomic damages outlined above.
Law Office of Jennifer L. Donaldson | Slip and Fall Attorney in Denver
Contact the Law Office of Jennifer L. Donaldson today for a consultation about your premises liability claim involving a slip and fall accident in Denver County and the surrounding areas of Boulder County, Jefferson County, Adams County and Arapahoe County. Jennifer Donaldson is an experienced premises liability attorney in Denver who will properly investigate your slip and fall claim and help you pursue the compensation you need to recover your losses. Contact the Law Office of Jennifer L. Donaldson at (303) 458-5000 for a consultation about your slip and fall claim in Denver.