Do I Have a Slip and Fall Case?
Slips and falls may seem hilarious when we’re watching them on YouTube and America’s Funniest Home Videos, but the reality is that they are no laughing matter. Falls caused 32,000 deaths in the United States in 2014.
People of all ages are prone to suffer a fall, but the risk increases with age. Falls are the leading cause of injury among seniors age 65 and older. Rugs and carpets are one of the biggest hazards.
While many slips and falls happen inside the home, sometimes you can slip and trip on something on the sidewalk, parking lot or inside a store. In many cases, these incidents may not even be your fault.
Business and property owners have a duty to keep floors free of debris. Clutter, cracks, potholes, uneven surfaces, spills and inclement weather can all cause dangerous conditions. If you slipped and fell and suffered injuries due to improper maintenance, you may have a legit premises liability case.
What is Premises Liability?
Premises liability is a legal concept that applies to business and property owners—even if they are simply renting the building. They are responsible for injuries that occur on the property caused by the owner’s negligence. Premises liability primarily involves slips and falls, but it also applies to issues such as fights and falling merchandise. Customers, vendors and even trespassers are protected under this law.
Proving Premises Liability
A successful premises liability case requires these four elements:
- Dangerous condition: You must be able to prove—either through witness accounts for photos—that a dangerous condition was present on the property and it led to your accident.
- Owner’s fault: You must prove that the property owner was responsible for the injury. You will need to claim that he or she did not remedy the situation in a timely manner or should have known about the situation, but failed to fix it.
- Injuries: The dangerous condition must have caused injuries in order for you to recover compensation. If the fall did not injure you, then you cannot recover compensation. A medical report from your doctor can help prove your case and provide proof of injuries that may not be apparent.
- Losses: You will need to be able to prove your losses. Keep medical bills, receipts and bank statements on hand to show what you have paid due to the injuries. You may also be able to receive emotional damages for pain and suffering, loss of enjoyment of life and other damages that have affected your daily life but are not easy to calculate.
Contact a Denver Personal Injury Lawyer
If a slip and fall accident caused by someone else’s negligence injured you, it’s important to take prompt legal action. The property owner may be held liable for your injuries. You could receive compensation for medical bills, lost wages and other damages.
Proving that a building was not up to code or that the owner did not properly maintain the property can be difficult to do on your own. You need the right lawyer to help you prove liability. Steve Roberts is an experienced Colorado personal injury attorney dedicated to helping victims obtain fair settlements for their damages. Contact our office at (720) 515-7058 to schedule a free initial consultation.