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SLIP & FALL

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    Denver Slip and Fall Lawyer

    A slip or trip and fall can upend life in seconds—fractures, torn ligaments, spinal injuries, and concussions can keep you out of work and in treatment for months. Most of these incidents are preventable. Property owners and businesses in Denver and across Colorado have a duty to keep their premises reasonably safe, fix hazards they know about or should know about, and warn customers and tenants of dangers that aren’t obvious. When they fail, you shouldn’t have to shoulder the medical bills, lost income, and long-term consequences alone.

    Klibaner Law Firm has helped injured Coloradans for more than 30 years. We move quickly to secure evidence—surveillance video, incident reports, maintenance logs, and witness accounts—before it disappears. We build your case with clear liability proof and credible medical documentation so insurers take your injuries seriously. Consultations are free, and you pay nothing unless we recover for you.

    What qualifies as a slip and fall case?

    Slip and fall (or trip and fall) cases arise when a dangerous condition on someone else’s property causes you to lose footing and get hurt. Common settings include:

    • Stores and restaurants (including grocery and big‑box retailers): spills, product debris, freshly mopped floors without warning signs, unsafe displays.
    • Apartments and rental properties: broken stairs, missing handrails, loose carpets, poor lighting, uneven thresholds, common‑area hazards.
    • Commercial properties and offices: lobby terrazzo when wet, curled mats, cords, elevator level differences.
    • Parking lots and sidewalks: potholes, crumbling asphalt, ice ridges, heaved slabs, hidden drop‑offs.
    • Stairways and handrails: out‑of‑code riser heights, loose railings, inconsistent steps.
    • Outdoor walkways: snow and ice accumulation, drainage problems, algae/moss buildup.

    Key legal issues in Colorado slip and fall cases

    • Duty of care: Colorado law requires property owners and those responsible for property (like tenants or property managers) to maintain reasonably safe conditions for lawful visitors. The details depend on why you were there—customer, tenant, contractor, social guest—but businesses owe a high duty to patrons.
    • Notice: To establish liability, we typically must show the owner or operator knew or should have known about the hazard and failed to fix it or warn you. We prove notice through incident timing, prior complaints, inspection logs, surveillance patterns, and the condition’s appearance (e.g., dirty, tracked‑through spill).
    • Transitory conditions: For snow, ice, and fresh spills, timing is crucial—did they have a reasonable opportunity to discover and address the hazard given the weather and store policies? We develop timelines using weather data, maintenance schedules, and video.
    • Codes and standards: Building and safety codes, store policies, and industry standards help show what should have been done—proper handrail heights, non‑slip surfaces, lighting levels, inspection frequency, and placement of warning cones.
    • Comparative negligence: Insurers may argue you were distracted or wearing improper footwear. We counter with surveillance, lighting measurements, hazard concealment, and witness accounts to show the danger wasn’t open and obvious or was unreasonably risky despite care.

    Evidence that wins slip and fall cases

    Early, methodical evidence collection can make the difference between dispute and resolution. We prioritize time‑sensitive proof that often disappears quickly.

    • Surveillance video: Request preservation immediately—most systems overwrite within days.
    • Incident and maintenance records: Store/apartment incident reports, sweep logs, snow/ice logs, contractor records.
    • Photos and measurements: Hazard condition, liquid footprints, cone placement, lighting levels, step dimensions, slope.
    • Witness statements: Employees and bystanders who saw the hazard, your fall, or prior complaints.
    • Prior complaints and similar incidents: Pattern evidence that the owner knew about recurring hazards.
    • Weather data and timing proof: Radar, temperature, and sun/shade conditions for snow/ice cases.
    • Footwear and clothing documentation: To preempt insurer arguments, we document tread, condition, and appropriateness.

    Medical documentation and the life‑impact narrative

    Insurers respond to objective, consistent healthcare records that show course and consequence. We help coordinate and assemble a clear picture of injury and recovery.

    • Early evaluation: ER/urgent care notes, imaging when indicated.
    • Specialist referrals: Orthopedics, neurology, PM&R as appropriate.
    • Objective testing: Range of motion, strength testing, balance/vestibular assessments, nerve studies.
    • Treatment plans: Physical therapy, injections, surgery where necessary; home exercise documentation.
    • Work and activity impact: Off‑work slips, light duty restrictions, missed shifts, job modifications.
    • Daily life changes: Family and coworker statements on limitations, pain journals, photos/videos of accommodations or assistive devices.

    Common causes we see in Denver and statewide

    While every fall is unique, patterns repeat across retail, residential, and public spaces. These are frequent hazard scenarios we uncover during investigations.

    • Liquids and food debris in grocery/big‑box stores with delayed cleanup
    • Freshly mopped floors without cones or barriers
    • Uneven sidewalks, heaved slabs, and parking lot potholes
    • Black ice, compact snow ridges, and melt‑refreeze conditions
    • Defective stairs: irregular risers/treads, missing nosing, poor lighting
    • Loose mats, curled edges, unsecured cords and cables
    • Worn carpeting, torn thresholds, unsecured runners
    • Poor drainage that funnels water across walk paths
    • Inadequate lighting that hides elevation changes

    What to do after a slip and fall

    Your health and evidence preservation come first. A few focused steps can protect both.

    • Seek medical care immediately; describe all symptoms, even if they seem minor.
    • Report the incident to the property owner/manager; request a copy of the written report.
    • Take photos and video of the hazard, area lighting, and any warning signs (or lack of them).
    • Get names/contacts for witnesses and employees who assisted you.
    • Preserve footwear and clothing; don’t wash or discard them.
    • Avoid giving a recorded statement to insurers before you talk with counsel.
    • Contact a lawyer promptly so video and logs can be preserved.

    Damages you can recover

    Compensation should reflect both immediate costs and long‑term consequences. We account for current and future needs.

    • Medical expenses: ER, imaging, therapy, injections, surgery, medications
    • Future medical and rehabilitation needs
    • Lost wages and diminished earning capacity
    • Out‑of‑pocket expenses and household assistance
    • Pain, suffering, and loss of enjoyment of life
    • In serious cases, home/work accommodations and assistive devices

    How Klibaner Law Firm builds your case

    We combine rapid investigation with meticulous medical and economic proof. Our trial‑ready approach drives settlement value.

    • Rapid evidence preservation: Letters to secure video, logs, and incident data; scene inspection and measurements.
    • Liability development: Code and standards analysis; witness interviews; corporate policy comparisons.
    • Medical development: Coordinating specialists and objective testing; documenting persistent deficits.
    • Damages modeling: Vocational assessment and economic analysis when needed.
    • Negotiation and litigation: Trial‑ready preparation that drives settlement value; if needed, we file suit and present a clear, credible case to a jury.

    Stores/restaurants and grocery/big‑box falls

    Retailers invite heavy foot traffic and must anticipate spills and obstructions. We examine whether reasonable inspection and cleanup systems were in place—and followed.

    • Spills from produce misters or leaking freezers
    • Product packaging on floors, stock carts blocking aisles
    • End‑cap displays narrowing walkways
    • Inadequate staff coverage during rush periods

    How we prove fault

    Written policies and floor practices must match. We compare paper to reality using records and video.

    • Sweep logs and staffing schedules to show gaps
    • Video showing the spill existed long enough that staff should have found it
    • Corporate policies versus what actually happened on the floor
    • Training records and prior incident reports

    Apartments, rentals, and commercial property

    Owners and managers control common areas and must prevent foreseeable hazards. We trace whether inspections, repairs, and code compliance kept pace with building conditions.

    • Stair/handrail failures: loose rails, irregular steps, missing grip extensions
    • Lighting deficiencies in hallways, stairwells, and parking areas
    • Loose carpeting, uneven thresholds, and icy entryways
    • Code noncompliance in older buildings

    How we prove fault

    Documentation tells the maintenance story. We gather records and compare them to code and best practices.

    • Inspection and repair histories, vendor contracts
    • Code analysis (stair geometry, handrail specs, illumination levels)
    • Prior complaints and repeated maintenance tickets
    • Snow/ice logs and contractor plow/salt invoices

    Snow and ice claims in Colorado

    Winter hazards are transitory, but owners must act reasonably and consistently. We build timelines to show what was done—and what wasn’t—before your fall.

    • Reasonable snow and ice mitigation plans tailored to property use
    • Timely plowing, sanding, salting, and re‑inspection during melt‑refreeze
    • Addressing known trouble spots (north‑facing entries, downspout discharge)

    What we gather

    Objective records and weather data anchor these cases. We compile a defensible chronology.

    • Weather timelines and temperature trends
    • Written snow/ice policies and contractor scopes
    • Logs and treatment invoices; photos of residual ice ridges
    • Video of maintenance intervals and foot traffic patterns

      Stair and handrail failures

      Falls on stairs are often severe and tied to design or maintenance errors. We evaluate geometry, graspability, lighting, and visibility against code requirements.

      • Out‑of‑code riser/tread dimensions, inconsistent step heights
      • Missing or loose handrails, non‑graspable rails, inadequate extensions
      • Poor visibility: lack of contrast strips, dim lighting

      Proof we use

      Measurements and maintenance histories reveal preventable defects. We back findings with code references.

      • Field measurements, illumination readings, code comparisons
      • Maintenance history showing deferred repairs
      • Prior incidents and resident/employee complaints

      Parking lot and sidewalk defects

      Exterior surfaces degrade with freeze‑thaw cycles and traffic. Owners must inspect and repair, or warn and cordon off hazards until fixed.

      • Potholes, rutting, broken wheel stops, abrupt elevation changes
      • Poor drainage creating ice sheets or algae growth
      • Hidden edge drop‑offs at landscaping borders

      Evidence

      We document defect size, duration, and notice through objective data and records.

      • Measurements of height differentials and slopes
      • Maintenance contracts and inspection schedules
      • Prior work orders and photos documenting long‑standing defects

      Frequently Asked Questions (FAQs) About Slip & Fall Cases

      Short answers to common questions can clarify next steps. If you don’t see your situation here, ask—we’ll address your specific facts.

      Do I have a case if I didn’t see the hazard?

      Often, yes. Many hazards are not obvious, and owners must protect against foreseeable risks. We evaluate notice, visibility, lighting, and inspection practices.

      What if the store cleaned up right after my fall?

      We act quickly to preserve video, sweep logs, and witness statements. Your photos and immediate report help, too.

      I slipped on ice during an active storm—do I still have a claim?

      Possibly. The reasonableness of mitigation during and after storms matters, including melt‑refreeze cycles and known problem areas.

      I was partly distracted—does that kill my claim?

      Not necessarily. Colorado’s comparative negligence rules may reduce recovery, but strong evidence of a dangerous condition can still support your claim.

      What compensation can I recover?

      In a Colorado slip-and-fall case, you can seek economic damages like medical bills (ER, imaging, therapy, surgery, medications), future treatment and rehab costs, lost wages, diminished earning capacity, and out-of-pocket expenses such as medical devices or travel. You may also recover non-economic damages for pain, suffering, inconvenience, emotional distress, and loss of enjoyment of life.

      In serious cases, claims can include household services, home/work accommodations, and life-care needs. A spouse may have a loss of consortium claim. Your total recovery can be reduced by any percentage of fault assigned to you under Colorado’s comparative negligence rules.

      How long do I have to file a claim?

      Many Colorado premises liability claims must be filed within two years of the injury, but there are important exceptions. If a government entity is involved, you generally must serve a written notice within 182 days (about six months). Other facts—such as a related motor vehicle incident—can affect the deadline.

      Because surveillance video and maintenance records are often overwritten quickly, you should act promptly even if you think you have time. The safest course is to consult a lawyer right away to confirm the specific deadlines for your case.

      We represent clients across the Denver metro—Denver, Aurora, Lakewood, Thornton, Westminster, Arvada—and throughout Colorado, including Boulder, Colorado Springs, Fort Collins, Greeley, Pueblo, and mountain communities. If your fall happened at a national chain, apartment complex, local business, or public property, we can help.

      If you were hurt in a slip or trip and fall in Denver or anywhere in Colorado, talk with us before dealing with the insurer. We’ll move fast to secure video and records, coordinate your medical proof, and build a case that reflects the full impact on your life. Free consultation. No fee unless we recover. Call 303‑863‑1445 or contact us online to get started.