Premises Liability
Over 2.5 million slip and fall accidents occur in this country each year. Property liability claims arise out of everyday life (on both a personal and commercial level).
Human walking is not a simple locomotor activity and in fact it has often been described as an accident waiting to happen. However, that accident happens only when the normal human locomotor pattern is interrupted. A fall is the end result. Resultant injuries are how the body dissipates the new energy and motion generated in the fall.
A fall can be caused by personal factors such as poor vision, excessive weight, the carrying of heavy items, physical impairment or wearing improper or damaged foot wear.
Additionally, physical factors can also play a part in causing falls such as the lack of a proper handrail on a stairway, food or foreign objects left on the floor and slippery floors or loose carpeting.
Environmental factors can also contribute to a fall such as visual distractions, color patterns and geometric designs. An example of an environmental factor is the pattern formed by bricks when they are used on stairways. The edges of the stairs formed by bricks are often difficult to see unless they are painted with contrasting paint in bright colors. The edges of such steps can cause a person to misstep and cause the person to fall.
The paramount issue in any slip and fall case couched in terms of negligence revolves around the issue of duty. Under Colorado law, the owner, occupant or lesser of a premises is under a duty of care established by the injured persons status as a “trespasser”, “licensee” or “invitee”.
Although every case has its unique set of facts and circumstances, especially as they pertain to the issue of duty, there are specific issues that do arise in each and every case according to the particular type of fall. We can provide an analysis based on your particular factual circumstances and advise you of your rights under the Colorado Premises Liability Act as either the injured person or landowner/occupier.
Serving Colorado's Front Range
Thomas M. Condas LLC
Attorneys at Law
Admitted to the Colorado, Utah and California State Bars