Where Liability Lies in Slip and Fall Cases
Slip and Fall cases are in the line of personal injury cases that can get complex quickly. Because there are a number of factors that contribute – and often these factors can be interpreted from either side to help serve their argument – it’s important to be incredibly clear when determining liability. How that happens, we touched upon briefly in our last blog on the factors of slip and fall cases, but let’s dig a little deeper today.
Proving Liability
The requirements for proving liability in a slip and fall case vary from state to state. Colorado laws don’t require complete freedom of fault in order to receive compensation, but the degree of fault or lack thereof will play a major factor in how you approach the case as well as the compensation you receive.
Where Things Get Tricky
In order to determine liability, negligence, and fault, there are many factors that must be considered. Where the fall took place, the environment that contributed to the fall, the signage or lack thereof that may have alerted the injured party to the existence of a hazard, whether or not the injured party might have been able to see the fall coming before it happened, if the defendant could have reasonably known about the hazard before it resulted in injury, and many more things all contribute to the decision regarding liability.
Plaintiff Contribution
The degree of liability for both parties will impact the outcome of the case, which is why it’s so important to clearly lay out that liability. Of course, it varies case to case, but as the injured party, you may be tasked with proving your freedom of fault. Or, if your actions at the time of your slip and fall (I.e. using a cell phone or other device that may have distracted you) did contribute, to a certain extent, to your fall, that must be taken into consideration, too.
Because the range of personal injuries that fall under the slip and fall category is so wide-reaching, it is difficult to layout exactly what an individual needs to know. There are so many variables in each case that require circumstantial knowledge before any advice can be given. If you’ve recently been injured in a slip and fall case, we recommend seeking legal counsel as quickly as possible. Talking through your specific situation with a licensed professional will help you gain a better understanding of the best course of action to take. You deserve to get back to your life as quickly as possible, and at Pushchak Law we understand how difficult that can be when you’re recovering from an unexpected injury. If you want to know more about your specific options, give us a call for a free consultation today.
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