I Slipped and Fell in the Store.Who's Responsible?
Feb. 2, 2021
According to the National Flooring Safety Institute (NFSI), every year, slip and fall accidents account for about one million emergency room visits in the United States. Under Colorado law, store owners have the responsibility to keep their store's premises reasonably clean and safe. When you're injured in a slip and fall accident on the store's premises, you may be entitled to hold the property owner liable and pursue fair financial compensation for your injuries.
At Gama Law Firm, we are committed to providing experienced legal services and compassionate representation to clients in matters of premises liability and slip and falls. As experienced Colorado personal injury attorneys, we will fight passionately to advocate for your needs and help you seek compensation for your injuries.
We are proud to serve clients throughout Aurora, Denver, and Parker, Colorado. Reach out to us at Gama Law Firm today to schedule a free consultation and take advantage of our 60 years of combined experience.
Slip and Fall Accidents in Colorado
"Slip and fall" is a legal term used to describe personal injury cases in which an individual trips, slips, or falls on another person's property and suffers an injury. Slip and fall accidents generally fall under the broader category of claims referred to as "premises liability."
In Colorado, property owners are obliged to make reasonable efforts to keep the premises clean and safe for visitors and customers. Any property owner who fails to do this may be responsible for accidents or injuries that occur on the property. Through a premises liability claim, a customer may hold a store owner liable for an accident or injury that occurred due to the unsafe, dangerous, or hazardous conditions of the store premises.
Colorado is an “at-fault” state. Therefore, if you were injured in a premises liability accident, the negligent property owner will be responsible for the injuries you sustained. The possible options to pursue compensation include:
Filing a claim with your insurance company
Filing a third-party claim with the at-fault property owner's insurance company
Filing a personal injury lawsuit in civil court against the at-fault property owner
In order to recover damages, you (the injured party) must prove that:
The store owner owed a legal duty of care and was responsible for your safety during your visit
There was a slippery, dangerous, unsafe, or defective condition on the store premises
The store owner was aware of the slippery or unsafe condition that caused the accident
The injury or accident occurred due to the store owner's negligence
You suffered bodily injury, actual harm, or property damage from the incident
Comparative Fault Rule in Colorado
Colorado uses a "modified comparative negligence" rule. Under this system, the ability of a victim to recover damages is reduced if the victim is found to be partially responsible for their injuries. According to Colorado Revised Statutes Section 16-64-122, the injured person will forfeit their rights to recover damages if found to be 50% or more responsible for the accident.
Statute of Limitations
According to Colorado Revised Statutes Section 13-80-102, tort actions, including actions for negligence, must be commenced within two years of the accident. Therefore, victims involved in slip and fall accidents must file injury claims against the at-fault property owner within two years.
Med-Pay Coverage vs. Liability Coverage
Med-Pay coverage and liability coverage are available options for personal injury victims to pursue compensation. Regardless of whose fault it was, the no-fault medical payment (Med-Pay) coverage pays for your medical bills up to a certain amount.
Conversely, liability coverage (fault-based) will pay you for more than just your medical bills. You could receive compensation for lost wages or pain and suffering. However, you must prove that the store knew or should have known about the slippery floor and failed to do anything about it.
Work with an Experienced Attorney
Notwithstanding the injuries that you may have suffered, establishing fault in a premises liability case can involve several complexities. Hiring an experienced Colorado premises liability attorney is crucial to protect your rights and help you pursue financial compensation.
At Gama Law Firm, our attorneys have devoted their careers to handling personal injury cases and protecting the rights of individuals involved in negligent slip and fall accidents. As your legal counsel, we will review every aspect of your case, conduct a thorough investigation, and work to prove fault and establish liability. We will explore all of your legal options to recover damages and help negotiate a fair settlement with the insurer. Having us on your side can improve your chances of a favorable outcome in your premises liability case.
Slip and Fall Accidents Attorneys in Denver, Colorado
If you or someone you know slipped and fell in a store, contact us at Gama Law Firm today to schedule a one-on-one case evaluation. Our attorneys will fight aggressively to protect your rights and work diligently to help you seek fair financial compensation to cover medical expenses, lost wages, future medical treatment, or pain and suffering. We proudly serve clients throughout Aurora, Denver, and Parker, Colorado.