Icy Slip & Fall Accident in Colorado Springs
Anyone who has spent any time in Colorado in the winter knows the hazards of trying to walk on icy or snow-clogged sidewalks and roads. If you slip and fall while trying to traverse such surfaces and you are injured, you may have legal recourse to help with the financial impact of your injuries and other damages.
Injuries can range from minor bruising and broken bones to catastrophic head injuries, spinal cord injuries, and, in some cases, death. Some slip and fall injuries will leave a family member or loved one with life-long disabilities. In addition to the long term physical ailments, the probability of lost wages, emotional stress, reduced quality of life, impairment, and disfigurement all can combine to make slip and fall injuries devastating to a person's quality of life.
The first step in assessing a slip and fall case is determining who was responsible for providing a safe passageway on the property. Property owners, property managers, occupants and/or tenants, can be responsible for ensuring that sidewalks abutting their property are made reasonably safe for people walking on those surfaces. If you were injured while walking on a sidewalk as a result of snowy, icy, and/or unsafe conditions, you may have a claim against the responsible party. Our team at The Bussey Law Firm, P.C. knows how difficult your life can become if you are injured in Colorado Springs slip and fall accident through no fault of your own. If a property owner was negligent with regard to keeping snow and ice cleared in a reasonable manner, we are here to help. Even if you believe you may have been partially responsible, you may still have a case.
Colorado has adopted a modified comparative fault standard for negligence cases such as a slip and fall injury. See Generally C.R.S. § 13-21-111. Modified comparative negligence means that, in an accident, both parties could be deemed to have a percentage of responsibility. If the plaintiff is found to be 50 percent or less responsible, he or she can still pursue compensation against the other party. For example, Mary is walking on a sidewalk that has been cleared by several homeowners of snow and ice. However, when she gets to Mr. Brown's house, she sees that his sidewalk has not been cleared. She makes the decision to walk on his sidewalk anyway, slips and falls, and is injured.
It is possible that it will be determined that she was partly responsible because she could observe the sidewalk had not been cleared, and decided to cross it anyway. In this example, her percentage of responsibility is could be 10 percent, and the homeowner's portion 90 percent. She could make a claim against the homeowner and potentially receive compensation for 90 percent of her damages.
Pursuant to Colorado Springs Municipal Code 3.4.202, residential property owners have an affirmative duty to clean the walkways for which they are responsible within 24 hours after a snowfall ends. Businesses have until 5 pm the following business day to remove snow and ice following the end of the snowfall.
The City of Denver imposes a similar duty upon property owners, occupants, or agents. However, pursuant to Denver City Code Sec. 29-551, the snow and ice must be removed immediately after the end of every snowfall.
Every case is handled individually, but in general, if the property owner is negligent in keeping the walking areas clear, he or she could be liable.
Don't let a slip and fall injury derail your life. Contact a Colorado Springs injury lawyer at The Bussey Law Firm, P.C. for effective and aggressive representation. We will fully assess your claim and go over your options for recovering the compensation you deserve.
Contact us today at (719) 475-2555 to set up a free consultation.
- Winter Snow and Ice Are a Major Source of Colorado Slip and Fall Injuries
- Be Prepared to Stay Safe and Healthy in Winter
- Preventing Slips on Snow and Ice - OSHA