Boulder Slip and Fall Lawyer

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Slips, trips, and falls can have serious consequences. In fact, more than 400 adults in Colorado die from fall-related injuries each year while many others suffer serious injuries.

If a fall happens on someone else’s property, that individual may be liable for covering damages. Premises liability laws determine when a property owner or occupier is held accountable for an injury that occurs, so contact a Boulder slip and fall lawyer at Daniels & Scriven, PC to find out how these laws apply in your situation.

You can give us a call at (720) 863-6006 to schedule a free consultation and see if you might be entitled to monetary compensation to cover your damages.

Common Slip and Fall Injuries

According to the Centers for Disease Control and Prevention (CDC), one in five falls results in a serious injury, such as a head trauma or a fracture. Common injuries stemming from slips and falls include:

Broken hips
Broken knees
Broken arms or legs
Traumatic brain injuries
Spinal cord injuries, including paralysis
Neck and back injuries
Ligament tears
Soft tissue injuries

Some slips and falls are fatal. Others cause lifelong trauma as victims are afraid to fall again and may withdraw from favorite pastimes.

What Causes Slips and Falls?

Colorado property owners are responsible for maintaining their property so it is safe for visitors. Many slips and falls occur because private property and business owners fail to uphold this duty. They may allow dangerous conditions to persist on the property, such as cracked pavement, potholes in parking lots, broken handrails, or insufficient lighting to spot hazards. Property owners may be aware of these issues and neglect to repair them or warn visitors of them.

The National Floor Safety Institute reports that floors and flooring materials contribute to more than two million fall injuries annually.

What Should I Do After a Slip and Fall Accident?

There are several steps that you can take immediately after a slip and fall to protect your legal rights and health, including:

Seeking immediate medical attention
Reporting the accident to the property owner or manager
Taking photos of the accident scene, factors that could have contributed to it, and your injuries
Asking witnesses for their contact information
Keeping the clothing and shoes you were wearing at the time of the slip and fall accident
Maintaining an organized file of all documents related to the accident, including medical bills, letters or emails from the insurance company, witness statements, and pictures of the accident
Following your doctor’s orders

You should also know that the insurance company representing the property owner will likely reach out to you shortly after a slip and fall accident. There are certain things you should not do during these interactions with the insurance company, including:

Giving a recorded statement
Admitting that you are at fault for the accident
Signing a medical release form
Accepting the first settlement offer

Our attorneys are familiar with insurance company tactics designed to minimize the value of your claim. We can safeguard your interests and preserve your right to demand maximum compensation. This will give you the space and time you need to heal after an unexpected injury.

Who Is Responsible for a Slip and Fall?

Determining who is responsible for a slip and fall directly relates to identifying how the accident happened and where. For example, if the accident occurred while you were visiting a friend in their apartment, the friend may be responsible for your injuries. However, if you fell outside the complex in a common area, the apartment complex owner or property manager may be responsible for the accident.

Examples of parties our premises liability attorneys may investigate for liability following a slip and fall include:

Property owners
Lessors of property
Businesses
Government agencies
Property management companies
Manufacturers of defective products that leak or otherwise create hazards that cause fails

Because many parties could potentially be responsible for your injuries, it is important that you work with an experienced attorney who has the skills to determine who is liable and to what extent.

Slip and Fall Statistics

According to the World Health Organization, falls are the second leading cause of unintentional injury deaths worldwide. Every year, approximately 684,000 people are killed in falls. 37.3 million falls are serious enough to require medical attention annually.

Older people are particularly susceptible to falls. The World Health Organization reports that adults older than 60 suffer the greatest number of fatal falls. Meanwhile, the CDC reports that one in four Americans aged 65 or older fall annually. More than three million older adults are treated in emergency departments each year.

When Can You Make A Slip and Fall Claim In Boulder?

CO Code § 13-21-115 (2021) explains the situations when a person can hold a landowner or occupier liable for causing them harm. The specifics depend on the reason why the injured victim was at the property. Under this statute:

“A trespasser may recover only for damages willfully or deliberately caused by the landowner.”
“A licensee may recover only for damages caused by the landowner’s unreasonable failure to exercise reasonable care with respect to dangers created by the landowner of which the landowner actually knew; or by the landowner’s unreasonable failure to warn of dangers not created by the landowner which are not ordinarily present on property of the type involved and of which the landowner actually knew.
“An invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.”

Invitees are people who enter to transact business or because the landowner makes clear that the public is expected to enter or remain on the property. Licensees are people who come to a landowner’s property for their own convenience and with permission. Trespassers enter without consent.

Typically, this means:

If you are a visitor to a store or other place of business, you are an invitee and can sue if the landlord didn’t use reasonable care to protect you against dangers they knew about or should have known about.
If you’re invited to a friend’s home, you’re a licensee and can sue only for the property owner’s failure to use reasonable care to protect against dangers they created or that aren’t ordinarily present on a property.
If you enter without permission, you are a trespasser and can only sue for willful and deliberate harm, except in limited cases where the property owner has created an ‘attractive nuisance” or a dangerous condition that could lure someone onto the land.

A Boulder personal injury lawyer can help you to understand your status and the conditions when you can sue.

What Damages Can I Recover in a Slip and Fall Claim?

The National Institute on Aging reports that the annual financial toll for older adult falls is currently about $80 billion, but it is expected to reach over $100 billion by 2030 as the population ages. The CDC says that Medicare costs for fall injuries total over $31 billion a year and that hospital costs account for two-thirds of this total.

Through a personal injury claim, you can seek compensation for the economic and non-economic damages you incurred from the accident. Economic damages compensate you for the direct financial losses you suffer from the accident. Examples of these losses include:

Past, current, and future medical expenses, including emergency treatment, hospitalization, rehabilitation, and medicine
Past, present, and future lost earnings
Reduced earning capacity
Loss of essential services
Funeral costs in wrongful death cases

Colorado does not impose caps on economic damages in slip and fall cases.

Non-economic damages compensate victims for intangible and subjective losses they experience because of an injury, such as pain and suffering, anxiety, frustration, grief, and loss of enjoyment of life.

An experienced slip and fall attorney can review your case to determine the types of damages you can demand in your compensation claim.

What Is My Slip and Fall Case Worth?

Every personal injury claim differs, as a slip and fall can affect victims differently. Some victims can walk away relatively unscathed. Others may suffer debilitating injuries that permanently hinder their mobility. An experienced attorney can review factors that can influence the compensation available in your claim, such as:

The type and severity of your injuries
The permanence (or lack thereof) of your injuries
Whether the accident prevented you from working or returning to work
The cost of your medical bills
Future medical expenses you anticipate incurring
The extent and duration of your pain and suffering
The party liable for your injuries
Insurance coverage available

Slip and Fall Statute of Limitations

If you want to pursue a claim after a slip and fall, you typically must act within two years as Colo. Rev. Stat. § 13-80-102(1) sets this time limit for most injury claims. If you delay beyond this, you may be unable to move forward with your claim.

Getting Help from a Boulder Slip and Fall Lawyer

At Daniels & Scriven, PC, our experienced Boulder slip and fall lawyers know premises liability laws inside and out and we can provide the legal advocacy you need to get the compensation you deserve. Give us a call at (720) 863-6006 to find out more about how we can represent you after you or someone you love is hurt in a fall accident.