One of the most common accidents is slipping and falling. It happens almost every day to countless people. While they are often harmless, they can sometimes cause serious damage.
According to the National Floor Safety Institute (NFSI), people falling is the reason for more than 8 million emergency room visits. At 21.3%, it is the leading cause of emergency room visits. The intensity of an injury due to falling can range from a cut on the knee to a broken bone, even death. According to the Centers for Disease Control and Prevention (CDC), one out of every five falls ends in the person being seriously injured with a fracture or head injury. More than 800,000 people are hospitalized each year because of some injury they sustained during a fall.
If you or a loved one has sustained injuries after a fall, contact our Denver slip and fall injury lawyer for a free case consultation. Call us today at (303) 465-8733.
Why Work With Our Denver Slip and Fall Lawyer?
- Our focus is 100% on our clients. Our team of attorneys is dedicated to representing our clients and making sure they will get the justice they deserve.
- We have a reputation for winning our injury cases. Our lawyers have recovered millions of dollars for our deserving clients.
- You can always rely on our firm as our client and are always available to them. If you have any questions regarding your injury claim, reach out to us at any time.
Start your claim today by first connecting with a slip and fall attorney in Denver, and getting a free consultation.
How to Prove a Slip and Fall Accident Claim
If you are filing a slip and fall claim against a property owner, you will need to prove the property owner is liable for the accident. You will also need to prove:
- The owner knew about the slip and fall hazard beforehand
- Acted in negligence or carelessness
- You had suffered injuries from the slip and fall.
To hold another person or property liable for a slip and fall accident, you will first need to prove that the property owner knew about or should have recognized the dangerous condition that caused you to fall.
After proving that the property owner failed to act upon the hazard, you will then need to prove their negligence. If a property owner failed to act as a “reasonably prudent person” would under the same circumstances, you can prove that they acted in negligence. Not placing warning signs around a hazard, failing to clean up a spill, or inadequate lighting could be signs that the owner did not act reasonably.
However, proving slip and fall liability isn’t as straightforward as it seems. The property owner’s defense team will attempt to prove that you are either partially or completely liable for the accident. They may suggest you wore the wrong shoes that day, that you didn’t see the hazard because you were texting or looking at your phone, or you were in an area you weren’t supposed to be in. In these cases, it is important to have a skilled premises liability lawyer on your side to conduct a thorough investigation and craft a compelling case.
Where Do Slip and Falls Occur?
Workers often slip and fall on the job. While these types of accidents are not the main cause of deaths while working, they are the largest reason for people needing days off work. Because of this, the largest portion of requests for workers’ compensation is due to slips and falls.
Of all accidental deaths that take place at home, people falling account for half. Most of these injuries happen on the ground, as opposed to on stairs or another elevated surface. People can fall in almost any circumstance. Tripping over the leg of a table, slipping on a loose rug, or falling over something laying around the house – these accidents can happen to anyone at any time.
What Are the Three Types of Falls?
You can place slip and fall accidents into three main categories: falls that occur on a single level, falls from a higher level to a lower level, and swing falls. Each type of fall has its own set of characteristics and risks.
- Falls on a single level occurs when you trip, bump into, or slip on the floor, leading you to fall to the ground. These falls may occur because of uneven flooring, hazards lying on the floor, or even a substance such as water that makes the floor slippery.
- Falls to a lower level occurs when you are on higher ground, slip, and fall to the floor below or to the ground. These injuries are common on construction sites, in homes, and in commercial buildings. This type of fall can result in severe injuries, such as spinal cord damage.
- Swing falls are similar to falls to a lower level but have unique criteria specific to construction and other work sites. These falls occur when you fall off an elevated platform while attached to a safety harness system, but the position of the attachment point of the harness system is incorrect. As a result, the worker begins to swing back and forth, often colliding with other objects.
What Are Common Slip and Fall Injuries?
Slip and falls can lead to significant injuries, even if they are not apparent immediately after the accident. These injuries may require lengthy medical treatment, physical therapy, and disability accommodations, depending on their severity.
- Soft tissue injuries may not appear until days after the accident. These injuries may include ankle and wrist sprains, ligament damage, and tendon tears.
- Spinal cord injuries can occur in severe slip and falls, resulting in paralysis, limited mobility, and necessary ongoing treatment.
- Broken bones and fractures may also happen during a slip and fall. These injuries may require reconstructive surgery and lengthy recovery times.
- Head injuries are a significant risk in slip and fall, and may result in serious internal bleeding and even brain damage. Even a minor head injury will require emergency treatment as soon as possible.
How to Settle a Slip and Fall Claim
When you suffer a slip and fall injury, you have two main pathways to compensation: you can file an insurance claim, or you can file a lawsuit against the at-fault party. To prove that you are eligible for a settlement, you and your Denver slip and fall attorney will need to prove that the at-fault party was responsible for your injury and that he or she acted in negligence.
You and your attorney will need to present evidence to satisfy the following four elements to settle your slip and fall claim.
- First, you will need to prove that the at-fault party owed you a duty of care.
- Second, you will need to prove that the at-fault party breached this duty of care in some way.
- Third, you will need to prove that the breach of care directly caused your injuries.
- Fourth, you will need to prove that you can collect damages for your injuries through your slip and fall lawsuit.
For example, say that your landlord refuses to fix your uneven walkway, even when you ask him to. Your trip on the walkway and break your arm. Because it was your landlord’s duty to maintain the premises and he broke that duty, you have legal grounds for your claim.
At Risk Groups
Injuries from slipping and falling are most common amongst the elderly. They have slower reaction times than young people, so they are less likely to catch themselves before falling. They also have more fragile bones, so it takes less for them to seriously hurt themselves during a fall.
Every year in the United States, it is estimated that one in three people older than 65 will fall. Half of those people will have already had a serious fall.
Falls are the second highest cause of death for people between the ages of 65 and 84. For those who are 85 years or older, it is the highest cause of people dying because of an injury.
For adults over the age of 65 who must be hospitalized for a hip fracture for a fall, half of them are not able to go back home or live independently after the incident. Additionally, falls are the reason for approximately 40% of people who are put in a nursing home.
Factors Increasing Risk
There are many factors that may make a person more likely to fall. One could be if your legs and lower body are weak or you have difficulties walking and balancing. Some medications, prescription and over-the-counter, can lead to difficulties with balance or how steady you are on your feet. Vision problems can also contribute to a fall.
If you have a tendency or fear of falling, there are some things you can do to try to prevent being injured in a fall. Your doctor can make sure you are not on any medications that affect your balance and, if you are, find substitutes. You can also begin to take vitamin D supplements and do strength exercises.
Do You Need a Denver Slip and Fall Lawyer for Your Case?
Slip and fall cases can be difficult to handle alone, especially if you are recovering from serious injury. You will need to collect evidence you may not have access to, you will need to file your claim in civil court, and you will need to build a compelling case for your settlement.
With an attorney from Jordan, Herington & Rowley by your side, you will have access to a number of benefits, including the following.
- Access to expert witnesses who can provide testimony in your claim
- Fine-tuned investigation techniques to collect the evidence necessary to prove your case
- A deep understanding of Colorado personal injury law and the Denver court system
- Access to evidence that may be difficult to collect, such as surveillance footage
- Experience negotiating with insurance companies and presenting a case in the courtroom
Get Justice With Our Denver Slip and Fall Attorney
We always offer free consultations for anyone seeking legal advice regarding an injury case. If you or a loved one have suffered injuries due to a fall, get in contact with our Denver slip and fall lawyer today. You can reach us online, or by calling (303) 465-8733