Slip and Fall Premises Liability

 

Slip and FallThe National Center for Injury Prevention and Control estimates that in 2004, more than 8 million people were injured in falls.

A “slip and fall” or “trip and fall” is the generic term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property.

Slip and Fall

Slip and fall or trip and fall includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground. The National Center for Injury Prevention and Control estimates that in 2004, more than 8 million people were injured in falls.

“Premises Liability” claims

Legal claims can be brought in Colorado in order to obtain compensation for injuries suffered in such accidents. To bring such a claim the injured person must show that the fall was caused by a dangerous condition such as improper design or failure to remove ice or snow, or spilled substances.

These types of cases in Colorado are called “Premises Liability” claims after the law that applies to them, the “Premises Liability” statute, and can arise from multiple circumstances including building owners or apartment landlords who don’t properly shovel and sand the walkways or common areas around their buildings causing ice to build up and the victim to fall.

Examples of Premises Liability

• Sometimes steps are not constructed in accordance with the building codes and can cause a person to trip and fall.
• Sometimes maintenance people clean the floors but don’t post warning signs about the slippery conditions of the floors as a result of having been washed, and a customer to slip and suffer serious injury.
Under Colorado law, a person determined to be fifty percent or more at fault for the incident is barred from recovering any portion of the jury verdict.

Premises liability claims require early investigation to obtain photographs of the hazardous condition and to document the cause of the fall in other ways.

Under Colorado law, a person determined to be fifty percent or more at fault for the incident is barred from recovering any portion of the jury verdict.

Investigation can be critical to showing that the person who fell was not 50% or more at fault for the injuries.