Slip and Fall Accidents and Colorado/U.S. Tort Law

Jan 5, 2021 | Slip and Fall Injuries

If a slip and fall accident occurs on the premises of a property owner due to some dangerous or hazardous condition that the owner should know about, it is the owner’s responsibility under Colorado premise liability laws. This covers the following:

• Slip and fall or trip and fall accidents
• Negligent security
• Animal attacks and dog bites
• Failure to remove snow and ice from public walkways
• Unmarked sinkholes on construction sites
• Defects in flooring or walkways

In the United States, over 1 million slip and fall injuries are reported annually. Imagine the number of accidents that are not reported. When a person slips and falls on the sidewalk in front of the clothing store or in the aisle at the local grocer, he or she may feel embarrassed and may not want to bother with the hassle of being noticed further. What that person didn’t know is that a surprising number of the reported slip and fall accidents cause serious and often long-term damage. That person may receive damages for the negligence of the property owner, but only if a claim is made.

In United States tort law, a slip and fall, or trip and fall, accident is a case or claim based upon a person slipping, tripping and falling. Otherwise called a tort, it is based upon the property owner’s negligence in the given situation, allowing some danger-based obstacle to exist that caused the slip and fall.
Most of slip and fall accidents are due to some unexpected change in the walking surface. Human are quite perceptive beings. If we see potential hazards, then we are usually capable of avoiding them. It is the unnoticed hazards that put us in harm’s way.

Property owners in the public realm have a responsibility to inform pedestrians, passers-by, customers and guests of the harms their property may possess. If these same people choose to proceed upon said property with full knowledge of the potential hazards, then they take on some of the risk.

If a potential hazard has been knowingly or carelessly disguised, a claim can be made. Many questions come into play during these brief, often painful moments:

• If I slip on the sidewalk, is it my fault or the city’s?
• What if I trip at my friend’s house during a party?
• Who is held liable in my slip and fall accident?

While some torts can be criminally punishable, the primary aim is for the personally injured party to claim some sort of relief for damages incurred while also preventing other incidences from occurring in the future. The injured party may claim damages for any and all of the following:

• Loss of earnings capacity
• Pain and suffering
• Reasonable medical expenses

These include present and future expected losses.

While knowing the facts on slip and fall injuries may encourage you to be more aware in public places, these accidents can become very complicated when deciding who is ultimately responsible. It is important to have experience and demonstrated legal knowledge when choosing a slip and fall attorney. If you or someone you know has fallen victim to a slip and fall injury, contact an experienced Colorado personal injury attorney immediately to ensure protection of your legal rights to ensure that you get the recovery you deserve.