Various conditions can cause a person to slip and fall, such as a patch of ice, a wet surface, a broken sidewalk, or a workplace hazard. Property owners in Boulder have a duty to take reasonable care to ensure that their property is safe.
If you suffer a slip and fall on another’s property, you may be able to recover damages for your medical bills, lost wages, and pain and suffering with the help of an attorney. An experienced Boulder slip and fall lawyer could fight for your right to compensation so you can begin your road to recovery.
The statute of limitations in Boulder for a slip and fall claim is two years, as stated in Colorado Revised Statutes Section 13-80-102. Usually this means two years from the date of the accident, but sometimes it can mean the date of the discovery of the injury.
If one does not file their claim within the requisite time, they are usually barred from bringing their lawsuit. There are specific situations in which the statute may be extended, but the courts generally hold strictly to this statute. Contacting a slip and fall attorney in the Boulder area right away could ensure that a person’s claim is filed in a timely manner.
In slip and fall cases, the injured party must prove the property owner’s liability, and sometimes they must defend their own actions as well. In Boulder, one of the following must be true to hold a property owner liable in a slip and fall case:
A property owner can point to an injured party’s contribution to the slip and fall in their defense. They can claim that the injured party was acting carelessly on the property, was trespassing, or could have avoided the accident because a reasonable person in the same situation would have noticed the risk and not fallen. An attorney who has handled many Boulder slip and fall cases may be able to help counter these defense tactics.
Boulder follows the modified comparative fault rule when determining damages for slip and fall cases. Damages are adjusted based on how much a jury decides the injured party is at fault for the accident, if at all. For example, if the jury finds the injured party 25 percent at fault and damages were $10,000, the injured party will only receive $7500.
If the injured party is found to be 50 percent or more responsible for the slip and fall accident, their claim is barred, and they cannot recover any compensation.
Sustaining an injury by slipping and falling on another’s property is not an automatic guarantee that you will be awarded damages. These types of cases are complex and involve thorough documentation and understanding of the relevant laws.
A Boulder slip and fall lawyer could assess if you have a viable case and show you how to successfully recover damages for your injuries. Contact us today to set up an initial consultation and learn more about your legal options.
