Fort Collins Slip and Fall Attorneys

Proving Liability in Slip And Fall Claims

To prove that a property owner was liable for your slip and fall accident, evidence must demonstrate that a dangerous condition existed on the property, that the property owner knew about (or should have known about) this condition, and that they were negligent in their responsibility to remove the hazard.

To prove a property owner’s liability, there are a number of things you can do to help your case:

• Take photos of the accident scene, including the hazardous condition that caused the incident. This should be done immediately to prevent the property owner from repairing the condition before your claim is filed and then denying its existence.
• Get the names and contact information of all individuals who witnessed your accident.
• If the accident occurred on commercial or public property, file an incident report with the onsite manager. Ensure you obtain a copy of the report you filed. Your attorney will investigate if other incident reports have been filed due to the same hazardous condition.
• Seek immediate medical attention for your injuries and keep copies of all documentation from the medical treatments you receive, including bills.
• Retain records of any other expenses incurred due to your accident, including lost worktime.
• Avoid making statements to the property owner’s insurance company before consulting an attorney, and do not agree to any settlement offers unless your attorney has had the opportunity to review them.
• Be careful about what you post on social media while you are undergoing the legal process of pursuing a slip and fall claim. The lawyers for insurance companies often look to a claimant’s social media accounts in order to find statements they may have made regarding their own fault in the accident or proof that the injuries you acquired may have occurred due to other activities.

Frequently Asked Questions

What Should I Do Immediately After a Slip & Fall Accident?

After a slip and fall accident, your immediate priority should be to seek medical attention, even if you believe your injuries are minor. Medical documentation can serve as vital evidence in your case. Notify the property owner or manager of the accident and ensure an incident report is filed, keeping a copy for your records. Document the scene by taking photographs of the hazard and any visible injuries. Finally, consult a Fort Collins slip and fall attorney as soon as possible to discuss your legal options and ensure that you preserve all potential claims within Colorado's statute of limitations.

How Long Does a Slip & Fall Case Take to Resolve?

The timeline for resolving a slip and fall case can vary significantly depending on several factors, such as the complexity of the incident, the willingness of insurance companies to negotiate, and the court's schedule. Some cases may settle in a few months through mediation, while others that proceed to trial could extend to a year or more. Your attorney will provide a more precise timeline based on the specifics of your case and will strive to achieve a fair resolution as efficiently as possible while keeping you updated throughout the process.

Can I Still File a Claim If I Was Partly at Fault?

Yes, under Colorado’s comparative negligence laws, you can still file a claim if you were partially at fault for the slip and fall accident, provided you were less than 50% responsible. Your compensation, however, may be reduced according to your level of fault. For example, if you were deemed 20% at fault, your compensation could be reduced by that percentage. A Fort Collins slip and fall attorney can help assess the circumstances of your case, present robust evidence to minimize your share of fault, and ensure you receive just compensation.