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What Is A Slip & Fall Injury Claim?

Ever been walking through a restaurant and seen a Caution Wet Floors warning sign on freshly mopped floors? Well this is because the restaurant owner is trying to prevent slip and fall accidents and the injuries and liability that comes with them. When a property owner does not properly maintain their property and/or put up warning signs or close off areas that are potentially hazardous to employees and the public, then they are at risk of a person getting injured and being sued for those injuries by the injured party and their Colorado Springs slip and fall attorney.

man injured from slipping and falling on wet floors with no warning sign

This happens a lot across Colorado Springs as there are many issues that property owners are not aware of, haven’t trained their staff to properly mark hazardous areas or they just don’t care. When these dangerous areas end up hurting someone it many times will result in a slip and fall lawsuit being brought against the owner of the property. It doesn’t have to be a commercial property though, residential property owners with public facing areas of their property also have a duty to keep these public areas free from dangerous or slippery conditions within a timely manner.

Common Causes Of Slip & Fall Accidents

Some of the most common types of slip and fall accidents we see are very basic things that could have been easily avoided, so make sure to read through these carefully so you can protect yourself from getting sued. Common causes of slip and fall accidents are as follows:

  • Wet floors after mopping without warning signs
  • Icy or snow covered walkways, stairs and sidewalks(including sidewalks in front of your house)
  • Uneven pavement, sidewalks, driveways, flooring, carpets and more. When your flooring sticks up and people trip over it, their injuries could become your liability
  • Uneven or improperly installed stairs
  • Greasy floors in kitchen areas and restaurant walkways
  • Slippery floors from spilled drinks that were not promptly cleaned up and marked with warning signs
  • Defective or broken floors or building materials
These aren’t the only times that slip and fall accidents happen, but they are the most common situations that we see when dealing with these kinds of cases, so make sure as a property owner that your walkways are safe for everyone!

What Qualifies As A Valid Claim?

When looking into the validity of a claim, there has to be a few things present. The first is the duty to keep the property in working order so it is safe for people to walk on. If it is a private property or is marked with no trespassing signs then there is no need to maintain those areas as the public is not allowed to traverse there. However, public sidewalks, driveways, walkways, stairs and indoor walking areas all need to be properly maintained as that is your duty as the property owner so people can get around your property safely.
There also needs to be a breach of that duty of care, meaning that the property owner or its employees willingly did nothing to warn people of the dangerous walkway in a timely fashion. This can mean not clearing ice and snow from your sidewalks quickly or not marking freshly mopped floors with warning signs. As a property owner, it is your job to warn people of any dangerous areas right away to avoid liability. Taking too long to rectify these problems leaves you open to getting sued if anyone is injured from these hazardous walkways.
Third is causation, which means that the property owners negligence and willful dismissal of the hazardous walkway was a direct cause of the slip and fall accident happening. If the property owner did not have ample time to rectify the hazardous area then it could prevent the case from moving forward.
Last is damages. Since these cases are civil cases and not criminal, the penalty for their negligence is monetary and there needs to be monetary damages to the injured party to have a case that is worth taking to court or asking for a settlement. If you fall and bruise your elbow but don’t have any medical bills or other costs of rehabilitation or lost wages associated with the accident, then there is nothing to pay for.
If you meet all of the criteria such as duty of care, breach of duty, causation and damages, then you may have a valid case that is worth fighting. Make sure to speak to one of our Colorado Springs slip and fall injury attorneys to make sure you have a valid case. We offer 24/7 virtual consultations for your convenience.

How Long Will My Case Take To Resolve?

Most of the time, slip & fall injury claims are settled outside of court within weeks to a few months when you have a good lawyer on your side that can present a solid case. However, sometimes when the insurance company does not agree on your compensation amount, then you may have to go to trial and battle it out and let the courts decide what the proper settlement amount will be. Just know that going to trial can extend the timeline of your case by months or even a year or more depending on how each side approaches the claim.

Compensation You Could Receive

If you have a valid slip and fall injury claim, then there are two categories of damages that you may be compensated for. The first is called economic damages and means any costs that came from the injuries with a specific monetary value. To be more specific, these costs could be medical expenses, lost wages, property damages, rehabilitation costs and more.
The second type of damages is called non-economic damages and refers to anything you went through because of the accident that doesn’t have a specific number attached to it’s value. These can be things like pain and suffering, emotional distress, permanent disfigurement, loss of quality of life and more. Since these don’t have an exact dollar value, they are calculated using a multiplier of the economic damages with the multiplier getting larger depending on how severe the injuries and non-economic damages were.

How Long Can You File A Claim After Your Accident?

In Colorado, you have up to 2 years to file a claim after an injury that was caused by someone else’s negligence (unless it is a car accident, in which case the statute of limitations is 3 years). Even though you are legally allowed to wait for 2 years to file your claim, we do not recommend it as the evidence could be harder to acquire at a later date which will make it harder to present your case with every detail. And details can make all the difference in the world when it comes to slip & fall injuries.

What Our Attorneys Do For You

From start to finish, you can expect our legal team to serve you with compassion and expertise. We have dealt with personal injury cases for decades and know exactly how to get the at fault party to cough up their fair share for your injuries. Our lawyers will dive deep into the details of the case and find anything that can help prove that the property owner acted negligently and because of that you were injured.

We will also help you navigate the financial burdens that you will encounter along the way and plan for how to rectify those in a timely manner so it doesn’t affect your finances negatively. We then build a solid case backed by evidence and present it to the at fault party with a fair settlement amount request. Then negotiations are made until both parties can agree on a specific settlement amount and structure. In the rare event that we have to go to trial, you can expect only the best representation from our slip and fall lawyers until your case is resolved.

How Much Is My Case Worth?

Every slip and fall case is different so we can’t just throw out a number for you, but what we can tell you is that by calculating every cost that you have had to pay for due to your slip and fall injuries will be included in the amount of compensation. If there were any non-economic damages as well that you had to endure, then you can expect your compensation amount to go up slightly compared to the number you got from calculating the economic damage portion of your compensation.

Speak With An Attorney

Our law firm is dedicated to helping our clients get back to life as it was before the accident as soon as possible, which is why we offer free case consultations 24/7 over the phone and welcome in person visits during normal business hours at our office in Downtown Colorado Springs. Don’t settle for a lawyer that only looks at your case as another number in their books, let our amazing team at Rector Stuzynski Law Firm handle everything for you and see why our clients absolutely love us. Our reputation is outstanding because of the care our clients receive every step of the way. So give us a call today and let’s get your case settled!
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Written By:

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Michael Stuzynski

This article was written by Michael Stuzynski of Rector Stuzynski Law Firm. Michael is a decorated personal injury attorney that has been helping Colorado Springs injury victims get compensation since 2019. With hundreds of injury settlements under his belt, he is an expert in all areas of personal injury law and litigation.

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We provide legal services for personal injury and accident victims throughout the state of Colorado, but we focus on clients in these areas: Colorado Springs, Manitou Springs, Cimarron Hills, Northeast Colorado Springs, Southeast Colorado Springs, Stratmoor, Fort Carson, Air Force Academy, East Colorado Springs, Old Colorado City, Pleasant Valley, Broadmoor, Stratton Meadows, Fountain, Northwest Colorado Springs, Gleneagle, Northgate, Briargate, Monument, Woodmoor, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and nearby cities. 

We serve clients injured in the following zip codes: 80907, 80909, 80918, 80917, 80931, 80932, 80933, 80934, 80935, 80936, 80937, 80941, 80942, 80946, 80947, 80949, 80950, 80960, 80962, 80977 ,80995 ,80997 80901, 80912, 80904, 80915, 80905, 80910, 80923, 80922, 80919, 80920, 80916, 80939, 80914, 80951, 80924, 80927, 80938, 80906, 80840, 80829, 80902, 80809, 80841, 80911, 80908, 80929, 80819, 80921, 80925, 80132, 80926, 80913, 80863, 80817, 80831, 80133, 80930, 80860, 80814, 80813, 80118, 80106, 80928, 80866, 80816, 80808, 80104, 80116, 81008, 80864, 80135, 81240, 81007, 80109, 81290, 80107, 80108, 80425, 81215, 81221, 80117, 80827, 81212, 80134, 80835, 81003, 80131, 81226, 81001, 80138, 80125, 81002, 81009, 81010, 81011, 81012, 80124, 81244, 80126, 80820, 80130, 80163, 80433, 80129, 80833, 80112, 80832, 81025, 81005, 81223, 81006, 80470, 80127, 80122 and beyond.