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How Do I Know if I Have a Slip and Fall Accident Case?

Posted on November 15, 2022 in

If you have sustained a slip and fall injury in Colorado, you may wonder whether or not you will be able to file a claim against a property owner to recover compensation. Slip and fall cases, like any personal injury claim, can be complicated. It is important to understand whether or not there are certain elements in place so you can move forward with your claim against another party.

Establishing Negligence

The first step in determining whether or not you have a slip and fall case that you can successfully recover compensation for is determining the negligence of the other party involved. If no other party was responsible for causing your slip and fall incident, then you will obviously not have a slip and fall case.

However, there are various ways that other parties can cause a slip and fall injury. Typically, these are premises liability lawsuits against a property owner. This can be a business owner, the operator of government property, or even the owner of a private residence. Establishing negligence revolves around:

  1. Duty. There will not be a claim unless a duty of care can be established. This means that it must be shown that the defendant (the person alleged to have caused the injury) owed a duty of care to the plaintiff (the injury victim). Typically, property owners do owe a duty of care to anyone who has a right to be on their property. This includes ensuring that there are no known safety hazards or warning guests about any known hazards.
  2. Breach. The next step in this process is showing that the property owner breached their duty of care to the plaintiff somehow. This can include allowing a floor to remain wet after knowing it has become a hazard, failing to fix wobbly stairs, leaving obstacles in pedestrian pathways, etc.
  3. Causation. After establishing that the property owner breached their duty of care to the plaintiff, and needs to be shown that the breach of duty is what actually caused the slip and fall incident.
  4. Damages. Lastly, the plaintiff must have sustained some sort of monetary loss as a result of the slip and fall incident.

Working With an Attorney

Most individuals do not have legal training, and they should not be expected to understand every aspect of a premises liability claim. If you want to know for sure whether or not you have a viable slip and fall accident claim in Colorado, you need to speak to a skilled personal injury lawyer who has experience handling these incidents. An attorney will offer a free evaluation of your case and help you decide the best steps moving forward for your situation.

Types of Compensation Recoverable

Individuals who sustain slip and fall injuries caused by the actions of a property owner will typically be able to recover various types of compensation. This includes coverage of all medical bills related to the incident as well as other expenses such as lost income, property damage expenses, various out-of-pocket losses, and more. A Denver slip and fall accident lawyer will help accurately calculate total losses and assist in the recovery process from insurance carriers or through a personal injury trial.