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Every person at one time or another has either tripped on something, or missed a step, lost their footing and had a fall. While some falls leave you only a little sore for a few days, a serious fall can lead to severe injuries including death. The Centers for Disease Control and Prevention (CDC) reports that one out of five falls causes serious injury including broken bones and head injury. If you have been injured in a slip and fall, you may be facing years of costly medical care. When your slip and fall is a result of the negligence of another person, they may be held responsible for your medical expenses and other losses that you suffer from the fall. For more information about the legal options available to you, reach out to the Denver personal injury attorneys at Fuicelli & Lee.
Why Choose Fuicelli & Lee
- Fuicelli & Lee is an accomplished Denver personal injury law firm, representing clients who have suffered catastrophic injuries as a result of someone else’s reckless or careless actions.
- As a boutique law firm, we do not measure our success by the volume of cases we handle, but by the difference we make in our clients’ lives.
- Our firm is selective about the cases we accept. If we do not believe wholeheartedly in the merits of your case, we will tell you right away. We will be honest and straightforward with you throughout every step of your legal process.
If you are suffering because of an injury you sustained from a slip and fall, you should contact a Denver slip and fall attorney as soon as possible. When you call Fuicelli & Lee, your initial consultation is free. You do not have to worry about paying fees to get an initial evaluation of your case. For more information, call Fuicelli & Lee today at (303) 355-7202.
What Can Happen After a Slip and Fall?
According to the CDC, millions of elderly people fall every year, but less than half of them report the falls to their doctors. Not every fall will result in a serious injury, but when they do, they can result in catastrophic injuries that have long-term or permanent impact on the victim.
Falls can result in broken bones, fractures, and head injuries. In fact, the CDC reports that falls are the most common cause of traumatic brain injuries. Falls from portable ladders are one of the leading causes of occupational deaths and injuries.
What Is Premises Liability?
Although most people think of retail buildings when they think of slip and falls, a slip and fall can happen anywhere. It can happen because of a wet floor inside a building, or it can happen because of ice in a parking lot.
Every person who owns a property must take reasonable steps to ensure that the property is safe for persons who come onto the property. Any private or commercial property owner who fails to maintain safe conditions on their property, may be held responsible for injuries or death suffered by persons who come on the property. Those persons could be invitees, licensees, or trespassers.
If you are on a property with the consent and knowledge of the property owner, you would either be an invitee or a licensee. You would get the full protection of the law if you are injured on the property because of the negligence of the property owner.
Who Is Legally Responsible for My Slip and Fall in Denver?
If you fall inside a commercial property like a mall, for instance, you might be confused about who to hold responsible for your injuries. The law in Colorado provides that the landowner is responsible. The landowner in every instance will depend on the type of building. The law defines landowner as a person who is:
- An authorized agent or a person in possession of the property; and
- A person who is legally responsible for the condition of the property, the activities conducted on the property, or the circumstances existing on the property.
Is a Property Owner also Responsible for Injuries Suffered by a Trespasser?
Colorado’s Premises Liability Act defines a trespasser as any person who enters or remains on another person’s property without the property owner’s consent.
Property owners usually take measures to keep trespassers off their property. Some install security devices, others create dangerous hazards on their property to deter trespassers from entering the property. While trespassing is illegal, under Colorado’s Premises Liability Act, a trespasser does have some, if limited, protection. A trespasser may recover compensation from a property owner if they suffer injuries willfully or deliberately caused by the property owner. For example, if a property owner puts up a high voltage electrical fence, with no warning signs, because they want to teach trespassers a lesson, that would be a willful and deliberate action intended to cause injury to trespassers.
What if I Had a Pre-existing Condition?
When you are seeking compensation from someone whose actions have caused you injury, they may try to escape liability by blaming your injuries on something else. However, there is something in law called the thin skull or egg shell skull doctrine. Under this doctrine, a person who causes harm to someone else must take their victim as they find them. This means that if you, as the victim, had a pre-existing condition that was aggravated by the fall, the property owner will still be responsible for your injuries. A pre-existing degenerative bone condition that is aggravated by your fall, or a unique psychological makeup that results in paranoia and diminished enjoyment of life after the fall will not stop you from getting compensation.
Having an experienced slip and fall attorney who knows the laws and can protect your interests is essential. Without knowledge of the law and access to professional experts, you may be cheated out of the full compensation that you deserve.
How Much Compensation Can I Get?
The amount of compensation you can claim will depend on the particular facts of your case. In addition to economic damages related to medical expenses, and past and future economic losses, some injured victims might also be entitled to non-economic damages for pain and suffering, and impairment of quality of life. Although a slip and fall attorney cannot promise you a specific amount of compensation, they can give you an estimate based on their past experience with similar cases.
Do I Need a Denver Slip and Fall Attorney?
Whether your case is settled or proceeds to court, having a slip and fall attorney advocating for you will certainly put you in a better position. A slip and fall attorney knows all the tactics that defendants use to try and escape liability and counter them. They are also prepared with knowledge of the law and evidence to support your claim.
If you have been injured in a slip and fall, contact the Denver slip and fall attorneys at Fuicelli & Lee today. Don’t wait until time runs out on your claim before you make that call. For more information and a free initial assessment of your case, call us at (303) 355-7202.