Property owners, managers, and occupants in Colorado have a legal duty to keep their premises in a safe condition. The term “slip and fall” refers to the liability of the landowner. If you slip, trip, or fall on someone else's property due to a hazard that should not have been there, you have the right to take legal action and pursue financial compensation for your injuries.
You need a Colorado slip and fall attorney who has the skills to effectively fight your case and counter the tactics used by the defendant’s insurance company. Attorney Wade Zobel at Zobel Legal Group is as tenacious during settlement negotiations and in the courtroom as he is compassionate towards his clients in pursuit of justice. Call us today to schedule a free consultation.
What Causes Slip and Fall Accidents?
In the experience of our Colorado slip and fall accident attorney, a trip and fall accident slip may occur in residential, commercial, or public properties in Colorado due to the following common causes:
Wet floors
Icy sidewalks
Uneven flooring
Loose rugs or carpets
Cluttered walkways
Poor lighting
Spilled liquids
Broken or missing handrails
Slippery stairs
Potholes in parking lots
Unsecured cords or wires
Damaged floorboards
Sudden changes in the flooring surface
Greasy or oily surfaces
Common Slip and Fall Injuries in Colorado
Our Colorado slip and fall attorneys at Zobel Legal Group can recover maximum compensation for the following types of injuries and more:
Broken wrist, elbow, rib, or hip
Ankle sprains
Concussions
Torn ligaments
Back strains
Knee injuries
Shoulder dislocations
Bruises and contusions
Spinal cord injuries
Tailbone injuries
Facial injuries
Traumatic brain injuries
Nerve or spinal damage
What to Do After a Slip and Fall Accident in Colorado?
Call 911 for immediate medical assistance, otherwise drive to your nearest emergency room or urgent center.
Notify the property owner, manager, or an employee right away. Make sure they document the accident and provide you with a copy.
If applicable, file a police report and keep a copy for your records.
If possible, take photographs of the precise spot where you fell, any dangerous conditions (wet floors, poor lighting, etc.), and your injuries.
Collect contact information from any witnesses who saw you fall or the conditions leading to it. It is recommended you record their accounts on your phone.
Keep the clothes and shoes you were wearing during the fall. They might be used as evidence, especially if they show signs of the hazard (e.g., wet shoes from a slippery floor).
Hire a Zobel Legal Group personal injury attorney in Colorado. We will:
Formally request the surveillance footage from the landowner before it gets overwritten or lost.
Obtain sworn statements from witnesses, including the building’s employees and any third parties involved (such as contractors working on-site at the time).
Inform your health insurance provider and the other party’s insurer, and avoid making any statements that could harm your case.
Arrange for building inspectors, safety experts, and biomechanical engineers to provide professional assessments that link the fall to specific safety lapses at the location where your slip and fall accident occurred.
Pursue your slip and fall claim, and aggressively represent you during settlement negotiations, and if necessary, the courtroom.
Mistakes To Avoid After Your Slip and Fall Accident in Colorado
Do not leave without reporting your fall
This will make it harder to prove the accident happened on their property. Always report the fall to a manager or supervisor and ensure written documentation is created.
Do not decline or delay medical treatment
Not going to a physician immediately after your fall will make it difficult to prove that your injuries were caused by it. The other side could claim that your traumatic brain injury was pre-existing.
Do not apologize or admit fault
Never say statements like “I am sorry for the inconvenience” or “I was not paying attention.” They might be used against you to argue that the fall was completely your fault. Only mention the facts without admitting fault.
Do not give recorded statements to insurance companies
Insurance adjusters are trained to get you to say things that might harm your case. Politely decline until you have consulted your lawyer. Consult us before you sign a document and unintentionally waive your rights or accept an unfair settlement.
Do not forget to take photos or videos of the accident scene and your injuries
Without visual evidence, it is your word against theirs.
Do not discuss the accident on social media
Any mention of the fall or resulting injury can be utilized by the defense lawyers to challenge your credibility, dispute the extent of your injuries, or argue that you were partially or fully responsible for the fall.
Do not settle too quickly
The initial settlement offer made by the other party (or their insurance) is likely less than what your claim is worth. Keep in mind that:
They expect you to counter-offer, so the initial offer always gives them room to negotiate.
The full extent of your injuries might not be known early on. Work with your personal injury advocate in Colorado to account for your long-term medical care, ongoing rehabilitation, and any future complications.
How to File a Slip and Fall Claim in Colorado?
The process of filing a slip and fall injury claim in Colorado depends on what type of property you were injured on.
Private Residences
You will have to file the claim against the at-fault homeowner’s insurance policy. Your slip and fall lawyer in Colorado will formally request the landowner to inform their insurer and submit a claim with all the necessary paperwork. If they are uncooperative, the lawyer will notify their insurance directly, issue a subpoena to obtain their testimony, or file a slip and fall lawsuit against them.
Commercial Properties (e.g., Retail Stores, Restaurants, Hotels, Gyms)
You must notify the manager immediately and make sure an incident report is created. Some businesses have specific procedures for handling injury claims. As your experienced slip and fall attorneys, we will ensure these are followed and a claim is filed with their company’s liability insurance.
We will also send them a "spoliation letter" to legally request that evidence regarding your fall is not altered or destroyed, including:
Surveillance footage from cameras in and around the location of your accident
Maintenance logs and cleaning schedules of that area
Documentation of any repairs or modifications made before or after your fall
Safety-related reports from routine or special inspections of the premises
Internal emails and other communications regarding your fall, maintenance issues, or policies related to the accident area
Documents related to third-party services, such as cleaning or maintenance companies, that might be relevant to the case
Records of any previous customer complaints about similar hazards in the same area
Logs from security personnel who monitor the area where you fell
Public Properties
If you fall in a park or a building owned by the government, you must notify the appropriate entity (city, county, or state) as soon as possible. Colorado law requires you to file a Notice of Claim within 182 days of discovering your injury. The general statute of limitations for slip and fall claims in Colorado is two years from the date of the accident, but government claims have stricter deadlines.
Rental Properties
We will file a claim with your landlord’s (or property manager’s) insurance policy after closely evaluating the terms and conditions listed in your lease agreement. Our goal is to start negotiating to reach a compensation amount that covers your medical expenses, lost wages, and pain and suffering. However, if this does not work, we may need to file a lawsuit.
Workplace
If your fall occurred at your place of employment, you will need to file a claim through your employer’s workers' compensation insurance. But in some cases, you can also file a “third-party claim” if the negligence of someone other than your employer contributed to your injury. For example, if you were working at a client's site or any other location not owned by your employer and fell due to the risky environment, you may have a personal injury claim against them.
Frequently Asked Questions
What is the statute of limitations for filing a slip and fall claim in Colorado?
In Colorado, you generally have two years to file a lawsuit against the party responsible for your injuries. But if your injury becomes apparent at a later time, the statute starts from the date the injury was discovered or should have been discovered with reasonable diligence.
What is comparative negligence in Colorado?
Colorado follows the modified comparative negligence law, which means you may still recover compensation if you were partially to blame, as long as you were not 50% or more at fault. Your financial award is reduced by your percentage of fault.
What damages can I recover?
You may qualify for economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In rare cases, punitive damages may also be awarded.
How long does it take to resolve a slip and fall claim in Colorado?
Cases with moderate injuries and clear negligence usually settle within 8-12 months after the treatment is complete. But when injuries are debilitating (i.e., partial or complete disability has been caused), there is more than one responsible party, or a lot of disputes are raised regarding the liability, it may take two or more years.
Can I sue if I fell due to ice or snow?
Yes, all property owners in Colorado are responsible for promptly clearing ice and snow or doing so within a “reasonable time.” You may have grounds for a claim if they fail.
Can children file slip and fall claims?
Yes, minors can file claims through a parent or guardian. The statute of limitations may be extended for minors until they reach the age of 18.
Our Lawyers Will Prove That the Defendant Had a Legal Responsibility for Your Safety
The premises liability law in Colorado requires property owners, operators, or managers to maintain their property in a reasonably safe condition. The extent of this duty depends on the status of the injured person:
Invitee: Someone invited onto the property for business purposes (e.g., customers in a store). The highest duty of care is owed to invitees.
Licensee: Someone allowed on the property for social reasons or with permission (e.g., social guests). Property owners must warn licensees of known dangers.
Trespasser: Someone on the property without permission. The duty is to refrain from willful and wanton harm.
Type of Evidence We Collect
To establish that the defendant had a duty and breached it, our lawyers will determine your status on the property and gather the following evidence to show that the at-fault party knew or should have known about the hazard:
Photographs of the unsafe condition.
Video footage showing your fall or the hazard.
Property maintenance and repair records.
Any documentation of your fall by the property owner/manager.
Safety inspection reports.
Witness testimonies from people (including on-site employees) who saw your fall or the hazard.
Previous insurance claims related to the same hazard.
Evidence of non-compliance with local building codes.
Expert testimonies from OSHA compliance experts, occupational safety and health consultants, structural engineers, accident reconstructionists, forensic engineers, facilities management experts, flooring and surface specialists, etc.
Testimonies from victims who suffered similar falls.
Receipts for repairs, showing delays or negligence
Choose Zobel Legal Group For Your Slip and Fall Accident Claim in Colorado
Proven Record in Slip and Fall Claims
At Zobel Legal Group, our reputation is built on a foundation of successfully defeating powerful defendants, from private property owners to some of the largest corporate entities in Colorado. Attorney Wade Zobel has a nuanced understanding of local laws and an aggressive approach to litigation that has resulted in a series of landmark settlements. His methodical approach ensures that no stone is left unturned in uncovering critical evidence and building an indisputable case.
Client-Centered Legal Advocacy
Each fall is unique, and so are the circumstances of each client. We listen to your story, take the time to understand the intricacies of your situation, and create a legal strategy that maximizes your chances of a favorable outcome. Colorado slip and fall attorney Zobel is fluent in English and Spanish; this gives every client the comfort of discussing their legal matters in the language they feel most comfortable with and gives him an advantage in cases where witnesses only speak Spanish.
Free Case Evaluations and No-Win-No-Pay
Whether you prefer to meet with us in person at our office in Denver, discuss your slip and fall case over the phone, or connect virtually via Zoom or FaceTime, we are equipped to accommodate your needs. You can understand the merits of your case and the potential compensation you could receive, all without any cost. This risk-free opportunity is complemented by our contingency fee model: you will only pay for our legal services if we obtain a financial settlement or verdict in your favor.
Our Skilled Colorado Slip and Fall Accident Lawyer Can Maximize Your Compensation
At Zobel Legal Group, our top-rated slip and fall attorneys in Colorado are determined to protect your right to maximum compensation. With our extensive experience in slip and fall cases, we are strongly positioned to take on large insurance companies and powerful defendants and negotiate the highest possible compensation on your behalf. To schedule your free consultation, call us at 720-434-6674 or contact us online.