Denver Slip-And-Fall Lawyer
Slip-and-fall injuries are often dismissed as minor incidents. However, a bad fall on someone’s property can leave you with life-changing injuries, from hip fractures to traumatic brain injuries. Beyond the physical toll, there are medical bills, time away from work and many unanswered questions.
At The Viorst Law Offices, P.C., we help injured people across Denver and Colorado understand their rights and pursue the compensation they are owed. Our lawyers bring decades of combined trial experience to every case. Attorneys Anthony Viorst and David William Chambers are committed to providing each client with aggressive and compassionate representation at every stage of the process.
Retailers Have A Responsibility To Their Customers
Under Colorado’s Premises Liability Act, customers receive the highest standard of care that property law requires. In practice, this means a retailer must do more than simply clean up spills. They will need to monitor the store regularly and post visible warning signs when they cannot address a hazard immediately.
If a store disputes responsibility in an injury claim, our attorneys will work to establish constructive notice. This is the principle that a business can be held liable not only when it knew about a dangerous condition, but also when it should have known about it. If a spill sat on the floor long enough that a reasonable inspection would have caught it, the store cannot claim it had no warning.
Our store spill accident attorneys will review inspection schedules, maintenance logs and employee records to establish that timeline.
Building Code Violations As A Cause Of Serious Falls
Colorado building codes set specific standards that property owners must follow to keep visitors safe. When a property owner fails to meet those standards, the risk of a slip and fall accident increases. Some of the most common violations we see in these cases include:
- Handrails that do not meet height or stability requirements
- Stair risers that vary in height from one step to the next
- Stairwells with inadequate lighting
Proving that a code violation existed is not enough to prove a claim. You will also need to demonstrate that the violation directly caused the fall and the resulting injury. In cases like these, we work with safety engineers and flooring friction analysts to establish that connection and support our client’s case.
Preserving Surveillance Footage And Key Evidence
Commercial surveillance footage can be critical evidence in a slip and fall case. It can show not just the fall itself, but how long a hazardous condition existed beforehand and whether staff members were aware of it. Most modern commercial systems retain footage for 14 to 30 days before the system automatically overwrites it. However, high-traffic locations with limited storage capacity may overwrite footage sooner.
Even with a two-week window, we do not wait. As soon as our slip-and-fall attorney takes a case in Colorado, we send a formal spoliation demand to the property owner. This legal notice puts the owner on record that the footage is relevant to a potential claim and they must preserve it.
A spoliation demand also extends to maintenance logs, incident reports and employee communications. If a property owner destroys or fails to preserve evidence after receiving that notice, a court can instruct the jury to assume that the missing footage would have supported our client’s case.
Countering Comparative Negligence Arguments
Some insurance carriers may try to reduce their liability by claiming that you bear some or all of the responsibility for the accident. They may argue that you were not paying close enough attention to where you were walking, or that you were wearing footwear that was not suitable for the conditions.
Countering these arguments requires a thorough analysis of the situation. Our legal team will work relentlessly to gather evidence that shows what the property owner knew, what hazard they failed to address and how that failure caused the fall.
Answering Common Questions About Slip-And-Fall Accidents
Here are answers to the questions we hear most often from our clients across Colorado.
How long does a business have to clear ice and snow in Denver?
In Denver, commercial property owners must clear snow and ice from public sidewalks adjacent to their property within four hours of when snowfall stops. Residential property owners have 24 hours to do the same, and similar ordinances apply to other municipalities across the Front Range.
When a property owner fails to meet that deadline and someone is injured on an untreated walkway, that failure can constitute negligence under Colorado law.
What should I do immediately after slipping and falling in a store?
Taking the right steps after a fall can help protect both your health and your legal claim. It is important to:
- Report the incident to store management before you leave and request a written copy of the incident report
- Photograph the hazard, the floor conditions and any missing or misplaced warning signs
- Collect the names and contact information of anyone who witnessed the fall
- Seek medical attention within the same day, even if your symptoms seem minor
Not all injuries are immediately apparent. Traumatic brain injuries, for example, can develop symptoms hours or even days after a fall.
Can I get compensation if the insurer claims I was at fault?
Yes, but only if your share of fault is less than 50%. The court will reduce the final award by your percentage of responsibility for the accident, but it does not bar your right to file a claim entirely. Every case is different, and the specific facts of what happened will determine how this rule applies.
Get The Representation You Need
Property owners and their insurers have legal teams working to protect their interests. You deserve the same level of advocacy. Our Denver slip-and-fall lawyers at The Viorst Law Offices, P.C., represent injured clients throughout Colorado on a contingency fee basis, so there is no financial risk to reaching out. Call us at 303-872-5712 today or send us an email to discuss your case at no charge.
