Denver, Colorado Slip and Fall Lawyers

Premises liability is the legal responsibility property owners have for injuries that occur on their property due to unsafe or hazardous conditions. In Colorado, property owners are required to exercise a duty of care to ensure the safety of visitors, guests, and customers. This includes maintaining walkways, parking lots, and other areas to prevent hazards like icy sidewalks, uneven pavement, or poorly lit stairways.

Under Colorado Revised Statutes § 13-21-115, premises liability cases distinguish between invitees, licensees, and trespassers, with varying levels of duty owed to each:

• Invitees (e.g., customers): Property owners must take reasonable steps to prevent hazards and keep the premises safe.
• Licensees (e.g., social guests): Owners must warn of known dangers that may not be obvious.
• Trespassers: A limited duty exists to avoid causing intentional harm, but negligence typically does not apply.

Colorado also follows a modified comparative negligence rule (C.R.S. § 13-21-111), meaning your compensation may be reduced if you are partially at fault for the accident. However, if you are found 50% or more at fault, you cannot recover damages. For example, if the court determines you are 25% at fault for a slip and fall, your settlement will be reduced by 25%.

In Denver, property owners must act promptly to prevent hazards. Failure to comply with local snow removal ordinances, for example, can be used as evidence of negligence in premises liability cases. Additionally, Denver’s high-traffic commercial areas, like downtown districts and shopping centers, increase the property owner’s obligation to inspect for and address hazards regularly.

Understanding your rights under Colorado law and seeking legal assistance is essential to building a strong premises liability case. Ramos Law is here to guide you through the process and ensure your rights are protected. Whether your accident occurred at a business, apartment complex, or public property, we are committed to helping you seek the compensation you deserve.

The Centers for Disease Control and Prevention (CDC) identifies several risk factors that increase the likelihood of a slip and fall incident. These factors can apply to individuals across all age groups and are often exacerbated by environmental conditions. 

In Colorado, particularly in Denver, unique local factors such as icy sidewalks, snow accumulation, and crowded urban areas further contribute to slip and fall risks.

Key Risk Factors for Individuals

1. Weakness in the Lower Extremities: Weak leg and foot muscles impair stability and increase the risk of falling. For older adults in Denver, this is a significant concern, as Colorado has a growing senior population who may face mobility challenges.
2. Vitamin D Deficiency: Insufficient vitamin D levels, which can lead to muscle weakness and impaired balance, may be a concern for individuals who spend less time outdoors during Colorado’s colder months. While Denver enjoys over 300 days of sunshine a year, many residents avoid outdoor activities during harsh winter conditions.
3. Difficulty with Balance: Impaired balance due to age, medical conditions, or injury increases the likelihood of falling. Denver’s uneven sidewalks, cracked pavement, or icy patches caused by freeze-thaw cycles can further exacerbate balance challenges.
4. Medications Causing Drowsiness or Other Side Effects: Certain medications, such as painkillers, sedatives, or antidepressants, can affect coordination and increase fall risks. Denver’s population includes many individuals managing chronic health conditions who may be more susceptible to these side effects.
5. Vision Problems: Poor vision, including conditions like cataracts or glaucoma, hinders depth perception and increases the risk of misjudging obstacles. Winter glares from sunlight reflecting off snow can also reduce visibility, creating additional hazards.
6. Foot Pain or Specialized Footwear: Conditions such as plantar fasciitis or arthritis may require specialized footwear, which can sometimes compromise stability. In cold winters, heavy or bulky footwear like boots may also contribute to slips on slick surfaces.
7. Environmental Factors: Poorly maintained environments, such as uneven steps, wet flooring, or a lack of handrails, pose significant risks. High-traffic areas like downtown Denver, shopping centers, and ski resort towns also see frequent incidents due to crowded walkways and potential hazards like spills or worn-out flooring.

The compensation you may receive in a slip and fall case depends on the severity of your injuries, the circumstances of the accident, and the financial and emotional impact on your life. 

In Colorado, you may be eligible for the following types of compensation:

Medical Expenses

This includes both current and future medical costs, such as:

• Hospital bills
• Physical therapy
• Surgery
• Prescription medications
• Assistive devices (e.g., crutches, wheelchairs, or braces)

In Denver, where slip and fall accidents often occur on icy sidewalks or poorly maintained commercial properties, it’s important to document your medical expenses thoroughly.

Lost Wages

If your injury prevents you from working, you can seek compensation for:

• Lost income during your recovery period
• Future earning potential if your injury results in long-term disability

For example, if you slipped on an uncleared walkway and sustained a serious injury, you could recover lost wages from missed workdays or even damages for diminished earning capacity.

Pain & Suffering

Non-economic damages compensate for the physical pain, emotional distress, and impact on your quality of life. In Colorado, courts consider the severity and long-term effects of your injuries, such as chronic pain, reduced mobility, or anxiety stemming from the accident.

Property Damage

If your personal belongings were damaged during the fall, you can include these costs in your claim. Examples include:

• A broken phone or glasses
• Damaged clothing or accessories

Punitive Damages

While rare, Colorado law allows for punitive damages in cases where the property owner’s actions were incredibly reckless or intentional. These damages are designed to punish the responsible party and deter similar negligence. For instance, if a property owner knowingly ignored city snow removal ordinances, punitive damages may apply.

Each slip and fall case is unique, and working with an experienced Denver attorney ensures that all eligible damages are pursued. Let Ramos Law handle the complexities of your claim while you focus on recovery. We’ll fight to secure the compensation you deserve.

The success of a slip and fall lawsuit depends on several factors, including the strength of your evidence, the circumstances of the accident, and the property owner’s negligence. In general, slip and fall cases can be successful if you can prove:

Negligence by the Property Owner

You must demonstrate that the property owner failed to maintain safe conditions or address hazards in a timely manner. For example:

• If a Denver business owner ignored snow or ice on their sidewalk in violation of local snow removal ordinances, they could be held liable.
• Failure to repair cracked or uneven pavement that caused your fall may also indicate negligence.

Clear Evidence of Liability
Success often depends on the strength of your evidence, such as:

• Photographs or videos of the hazard (e.g., icy sidewalk, wet floor, or broken stair).
• Witness statements corroborating your version of events.
• Medical records showing that your injuries were directly caused by the fall.

Colorado’s premises liability laws (C.R.S. § 13-21-115) place a duty of care on property owners, and providing strong evidence can make it easier to hold them accountable.

Timely Action
Filing your lawsuit within Colorado’s two-year statute of limitations for personal injury claims is critical. 

If your accident occurred on government property, you must file a notice of claim within 182 days under the Colorado Governmental Immunity Act. Missing these deadlines will likely result in your case being dismissed.

Strong Legal Representation
Hiring an experienced attorney can significantly improve your chances of success. 

In Colorado, slip and fall cases may involve disputes over liability under the modified comparative negligence rule (C.R.S. § 13-21-111). An attorney will help ensure that your degree of fault, if any, is minimized, as your compensation is barred if you are found to be 50% or more at fault.

Typical Case Outcomes

• Settlements: Most slip and fall cases are resolved through settlements rather than going to court. Skilled attorneys can negotiate fair compensation with the property owner’s insurance company.
• Trial Success: While rare, cases that go to trial can be successful if there is strong evidence of negligence and injury.

While the majority of slip and fall cases settle out of court, success ultimately depends on the unique details of your case and how well those details are presented. Consulting a knowledgeable attorney ensures your case is handled properly, maximizing your chances of a favorable outcome. 

Ramos Law can guide you through every step to secure the best possible results.

Slip and fall cases can be intricate and pose significant challenges regarding litigation. The complex nature of these cases requires the expertise of a personal injury attorney with a comprehensive understanding of slip and fall laws. We strongly urge you to contact us for legal assistance immediately following your accident.

We understand that your well-being is paramount. Ramos Law is here to support you at every step. Our team will provide the necessary guidance and representation to protect your rights. You can rest assured knowing that we will diligently advocate for your best interests, allowing you to focus on your recovery while we handle the legal process.