Accidents happen every day in Grand Junction. A lot of these accidents are nobody’s fault. However, when an accident resulted from the negligence of a property owner, the injured individual may be entitled to compensation for their medical costs, lost wages, and pain and suffering.
Usually, the term “slip and fall” refers to a wide variety of accidents that happen on commercial property. A good example is a customer shopping in a shop who slips on a slippery floor and falls to the ground. Should the customer prove the negligence of the store in putting a sign of the hazard before the accident, the victim may recover damages in a civil lawsuit against the owner of the property. This is where they should work with one of the best Grand Junction Personal Injury Lawyers.
Complexities of Personal Injury Cases
Slip and fall claims are rarely simple. This is because a property owner is not liable just because an accident happened. In fact, even if the owner invites the public onto their property, the owner is not legally required to ensure the visitors’ safety against all potential hazards. In general, the owner is only liable when they or their employees or agents created the hazard. Liability also applies to the owner when they knew about the hazard and did not do anything about it. Even if the owner did not know about the hazard, they can still be held liable if they have known there was an issue had it exercised reasonable care.
Colorado follows modified comparative negligence. Comparative negligence adjusts the due amount of compensation an accident victim gets based on their responsibility for the accident. In Colorado, if any party involved in an accident is proven to be 50% responsible or above, they forfeit their rights to get compensation for their injuries. Thus, the victim is not guaranteed to get their full amount of due compensation. They should speak to a lawyer to better understand the law and how it could impact their personal injury case.
Contributory negligence only comes into play when the case goes to trial. A lot of slip and fall accidents are settled out of court. Property owners and their insurance companies often agree to negotiate a settlement instead of taking their chances with a jury. This is the reason slip and fall victims must see an attorney after an accident. Having a lawyer to represent them in settlement talks can improve their chances of a favorable resolution. And if they have to go to court, their lawyer can put them in the best position to refute a contributory negligence defense.
