Slip and Fall / Trip and Fall Accidents: Proving Liability

  • Personal Injury
September 15, 2023

Slip and fall and trip and fall accidents often lead to severe injuries, massive medical bills, and income loss during the recovery process. We know because we've been handling these cases for over 30 years.

If you’ve been hurt by a dangerous condition on someone else’s property, you should understand the basics of a premises liability lawsuit, how to establish liability, and other insights related to slip and fall and trip and fall incidents.

Property Owners’ Responsibilities

Property owners—whether they own a commercial establishment like an apartment complex or a store—have a legal responsibility to guarantee the safety of anyone who enters their premises.

This responsibility is a fundamental aspect of “premises liability.”

The level of responsibility varies depending on the visitor's status, but in general, property owners must regularly inspect for and address potential hazards, including slippery floors or trip hazards. They must also provide warnings or take steps to prevent accidents—by ensuring appropriate safety features are utilized. Failure to do so can result in liability whenever a customer is injured on the property.

Proving Liability

Proving liability in a slip and fall accident typically involves demonstrating that the property owner neglected to appropriately maintain their premises, and that this negligence caused your injury.

Here are the steps to help establish liability:

Document the Accident: Take pictures of the hazardous area and get contact information from any witnesses.

Seek Medical Help: Even for seemingly minor injuries, see a doctor immediately to get the care you need.

Report the Incident: If you were injured in a store or other business, report your injuries to management. Ask for copies of any incident report or surveillance video that may have captured your injury.

Consult an Attorney: Talk to a personal injury lawyer with a track record of success in premises liability cases.

Colorado’s Statute of Limitations

Colorado has a legal time limit, called the "statute of limitations," for filing a slip and fall injury claim. If you wait too long, the court may reject your lawsuit. But how long is too long?

According to Colorado law (Colorado Revised Statutes Section 13-80-102), you generally have up to two years from the date of your injury to file a premises liability claim.

Even if a loved one dies due to complications resulting from a slip and fall or trip and fall accident, the heirs have two years to file a wrongful death lawsuit. However, in cases where you're filing a lawsuit against the government for an injury on public property, the window is much shorter—just 180 days.

While there are some exceptions, generally, if you miss the deadline, you'll likely be unable to recover financial compensation for the accident.

Injured on someone else’s property because it was dangerous? Our Legal Experts Are Here to Help!

Contact our legal team if you've experienced an injury on someone else’s property due to their negligence. Our personal injury experts are here to ensure you meet deadlines, avoid costly errors, and receive the compensation you're entitled to. Book your initial consultation today !

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