That Fall Isn’t Always Your Fault
Slip and fall accidents are a common occurrence, but this doesn’t mean the injury you suffered was your fault. While it may be true in some situations that these accidents are caused due to the victim not being careful, many serious slip and fall injuries could easily be prevented if the property owner had taken the necessary steps to ensure safe conditions for guests. Slip and fall accidents can occur anywhere and anytime. If you’ve been injured due to the negligence of another, Pushchak Law can help.
Property owners have an obligation to protect guests from safety hazards, either by repairing the dangerous condition or putting up clear signage so people can avoid the hazard until it is fixed. When property owners fail to fulfill this responsibility and you’re injured as a result, you may be entitled to recover compensation for your damages.
At Pushchak Law, we’ve helped many injured victims hold negligent property owners accountable after a slip and fall accident. We understand the complex issues associated with these cases, and we’ll fight aggressively to help you recover the compensation you deserve. You can learn about your legal rights and options by speaking with Mr. Pushchak in person. Please call 303-372-6145 today to schedule a free consultation. We serve clients in Denver and the surrounding areas of Colorado.
Learn about slip and fall accident lawsuits:
- Slip and Fall Cases Are Governed by Premises Liability Law
- Common Causes of Slip and Fall Accidents
- Common Slip and Fall Accident Injuries
- Potential Damages in a Slip and Fall Claim
- Do I Have a Slip and Fall Case?
- Why Choose Pushchak Law
- Schedule a Free Consultation
Slip and Fall Cases Are Governed by Premises Liability Law
As the name implies, slip and fall accidents occur when you slip, trip or fall on someone else’s property. These cases are governed by premises liability law, which requires property owners to provide safe conditions for all guests. As part of this obligation, property owners must repair hazardous conditions in a timely manner and provide proper warning of the danger until repairs can be made. Failure to fulfill these responsibilities can constitute negligence on the part of the property owner.
You can potentially have a valid slip and fall claim on just about any commercial or residential property you visit, as long as the property owner acted negligently in maintaining safe conditions. Some of the most common locations of slip and fall accidents include:
- Retail stores
- Grocery stores
- Shopping malls
- Apartment complexes
- Private homes
- Parking lots and parking ramps
- Construction sites
Depending on the circumstances of your slip and fall accident, the following parties may be held liable for your damages in a lawsuit:
- Property owner
- Property manager
- Store manager
- Event organizer
- Any other person responsible for the condition of the property during the activity which brought you to the premises
Mr. Pushchak will carefully investigate the cause of your injury to ensure all appropriate parties are held accountable.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can be caused by a variety of hazards on a property, including:
- Wet floor surfaces caused by cleaning, spills or puddles
- Rain, snow and ice on sidewalks, parking lots and other outdoor surfaces
- Debris and objects on walkways
- Uneven steps, floor or sidewalks
- Broken stairways and handrails
- Cracked or uneven pavement
- Inadequate lighting
- Bunched up rugs or carpets
- Poor maintenance of pools, leading to swimming pool accidents
Common Slip and Fall Accident Injuries
Injuries in a slip and fall accident can be catastrophic in nature. Some of the most common injuries include:
- Broken bones
- Concussions and traumatic brain injuries
- Severe soft tissue damage
- Spinal cord injury
Often, these injuries can require extensive surgery and/or lengthy hospital stays, resulting in costly medical bills. You may be forced to miss work while you recover and if you suffer a long-term disability, you may find that you’re unable to perform your job moving forward. These issues can further compound your financial hardships.
In addition, slip and fall accident injuries can diminish your quality of life, impacting your ability to enjoy many of the activities you regularly participated in prior to getting hurt.
Potential Damages in a Slip and Fall Claim
Depending on the circumstances surrounding your slip and fall accident, you may be entitled to recover compensation for the following damages:
- Current and future medical bills associated with your injury
- Ongoing rehab and long-term care
- Lost wages
- Diminished future earning capacity
- Pain and suffering
In the event that the accident resulted in the wrongful death of a loved one, you may also be entitled to recover compensation for funeral costs, lost future wages and benefits, and loss of companionship.
Do I Have a Slip and Fall Case?
In order to achieve a successful outcome in a slip and fall case, you must be able to demonstrate that the property owner’s negligent actions resulted in your injury. Proving negligence requires you to establish that one of the following situations existed:
- The person responsible for maintaining safe conditions caused the hazard that resulted in your injury
- The person responsible for maintaining safe conditions knew about the hazard, but failed to take the necessary actions to fix the danger and warn others of its presence until it was fixed
- The person responsible for maintaining safe conditions should have known about the hazard because a “reasonable” person would have discovered the issue and taken the necessary steps to repair the hazard
The first two scenarios are more clear-cut and easier to prove. The third scenario is a little more challenging to prove since you must demonstrate that a reasonable person would have been expected to discover the dangerous condition under the same circumstances. This will involve showing that the property owner failed to take reasonable steps to monitor the conditions on the premises.
In addition, you must suffer an injury that results in financial damages to have a valid slip and fall case. If you trip on a poorly maintained surface and suffer a minor bruise that doesn’t require medical treatment, you’re unlikely to recover compensation.
In order to prove negligence, you’ll need to present evidence that demonstrates the property owner failed to fulfill their responsibility of maintaining safe conditions. Time is of the essence when gathering evidence. If you wait too long, witnesses may forget what happened and certain pieces of physical evidence may get lost. Therefore, it’s crucial that you take photos of the conditions at the time of the accident and record the names and contact information of any witnesses who can support your version of what happened.
If your injury is severe and you require immediate medical treatment, Mr. Pushchak can help you gather this evidence after the fact. However, the sooner he begins working on your case, the easier it will be for him to obtain the evidence necessary to achieve a successful outcome.
One final factor that will impact the outcome of your case is Colorado’s negligence laws. Colorado adheres to a modified comparative negligence doctrine, which states that your compensation will be decreased by the percentage of fault attributed to you. Therefore, if you are determined to be 30% at fault for the accident, you will only be able to recover 70% of the full damages you suffer. In addition, if you’re found to be over 50% at fault for the accident, you won’t be entitled to recover any compensation for your damages. For this reason, it’s crucial to work with an experienced attorney, such as Mr. Pushchak, who knows how to demonstrate the negligent party caused your injuries.
Why Choose Pushchak Law
At Pushchak Law, we’ve made slip and fall cases a primary focus of our practice. Mr. Pushchak has seen firsthand the devastation caused by these accidents, and he knows the complex issues associated with these lawsuits.
In addition, Mr. Pushchak is committed to delivering the highly personalized care you deserve throughout the process. You’ll benefit from our unique Informed Decisions™ approach. This philosophy is focused on ensuring you receive a fair outcome to your case. We do this by:
- Caring about you and putting your needs first every step of the way
- Making ourselves personally available anytime you have a question or need an update on your case
- Listening to and understanding your specific needs
- Helping you make the right decisions regarding your legal options
At Pushchak Law, you’re not just another case to us. You are an individual who has suffered a serious injury with a devastating impact on your life, and our focus is to help you make a full recovery. This involves making sure you receive all necessary medical treatment as well as helping you obtain a settlement that will adequately cover all the damages you have suffered. We will work closely with you to determine the best legal strategy to achieve your desired outcome.
Schedule a Free Consultation
Please contact Puschchak Law to schedule a free slip and fall consultation. We serve clients in Denver and the surrounding areas of Colorado.