Proving Hazardous Conditions in Colorado
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Proving Hazardous Conditions in Colorado Slip-and-Fall Cases
Slip-and-fall cases are won on evidence. Colorado’s Premises Liability Act focuses on what the landowner knew—or should have known—about a dangerous condition and what they did about it. We move fast to document the hazard, secure surveillance, and build a timeline that proves notice and negligence.
What “Notice” Means in Colorado
To hold a landowner accountable, we must show they knew or should have known about the hazard. We use multiple sources to establish both actual and constructive notice.
- Actual notice: Employees or managers knew about the ice, spill, broken tile, or uneven surface and failed to fix or warn.
- Constructive notice: The condition existed long enough, recurred often, or was predictable enough that reasonable inspections would have found it.
- Recurring hazards: Refreezing at a sloped entry, a leaky cooler, or chronic drainage issues create patterns owners must address.
- Status matters: Invitees (shoppers, tenants’ guests, delivery drivers) are owed reasonable care, including regular inspections and treatment.
Building the Timeline: From Hazard to Fall
A clear timeline often decides liability. We compare what the owner should have done to what actually happened.
- Forecasts and weather records: Show when ice should have been anticipated and when refreeze likely occurred.
- Inspection frequency: Policies versus practice—were reasonable inspections done given traffic and conditions?
- Treatment timing: When shoveling, salting, drying, or repair actually occurred, and whether it was adequate.
- Prior complaints: Incident histories and employee knowledge reveal longstanding hazards
Key Evidence to Preserve Early
Because conditions change quickly, early preservation is critical. If you can, do the basics; then call us so we can send preservation demands and start the investigation.
- Photos and video: Time-stamped images of the hazard, lighting, footprints, untreated areas, and missing warnings help prove duration and notice.
- Surveillance footage: We demand preservation from stores, apartments, parking facilities, and nearby cameras before footage is overwritten.
- Incident reports: Get a copy or note who completed it. These forms often capture admissions about prior knowledge or missed treatment.
- Maintenance logs and policies: Inspection sheets, cleaning schedules, snow/ice plans, and vendor contracts show what should have happened.
- Witnesses and employees: Names and statements from people who saw the hazard, complained earlier, or lack of treatment.
- Footwear and clothing: Preserve shoes and clothing to rebut blame and document contamination (e.g., salt residue, wetness patterns).
Your Role: Simple Steps That Help Your Case
A few actions can protect your health and strengthen your claim. Do what you safely can and then let us take over the investigation.
- Report the incident: Ask for an incident report and keep a copy or note who took it and when.
- Photograph everything: The hazard, the area from multiple angles, lighting, signs (or lack of), and your injuries.
- Keep your shoes and clothes: Bag them and don’t clean them. They may show residue, moisture, or damage.
- Follow medical advice: Consistent care documents causation and the full extent of your injuries.
- Avoid statements to insurers: Speak with us before giving recorded statements that can be used against you.
How We Prove the Condition Was Dangerous
Owners often claim a hazard was “open and obvious” or minor. We use objective proof to show that the condition posed an unreasonable risk.
- Measurements and testing: Slope, height differences, code violations, and slip resistance testing where appropriate.
- Photos under similar conditions: Return visits to capture refreeze, shading, drainage, or recurring leaks.
- Standards and codes: Reference to industry standards, manufacturer specs (e.g., mats), and local ordinances on snow/ice and maintenance.
- Design and drainage: Downspouts, gutter placement, ramps, entry mats, and thresholds that create predictable hazards.
Preservation Letters and Spoliation
Evidence often disappears unless promptly preserved. We act immediately to prevent loss and hold owners accountable if they destroy evidence.
- Preservation demands: Formal letters to owners, managers, and contractors requiring retention of video, logs, policies, and repair records.
- Vendor notifications: We contact snow and maintenance contractors to preserve service tickets, GPS data, and dispatch logs.
- Spoliation arguments: If key evidence is lost after notice, we pursue sanctions or jury instructions that favor you.
Defeating Common Defense Arguments
Insurers rely on familiar defenses. We prepare the proof to counter each one.
- “Storm in progress”: High-traffic areas still require reasonable treatment and warnings during storms; after storms, prompt remediation is expected.
- “We salted”: Timing, coverage, and adequacy matter. Partial or late treatment can still be negligent.
- “Open and obvious”: Visibility doesn’t excuse a failure to fix or warn when the risk is unreasonable given traffic and conditions.
- “Wrong shoes”: We document traction, lighting, surface conditions, and industry standards to show owner negligence—not footwear—caused the fall.
How Klibaner Law Firm Proves Hazardous Conditions
We limit caseload to move fast and build strong, document-heavy cases. Our approach is thorough and proactive.
- Rapid response: Preservation letters within days, scene inspections, and early expert engagement when needed.
- Data-driven proof: Certified weather reports, radar, temperature curves, and refreeze analysis.
- Document subpoenas: Policies, logs, vendor contracts, GPS/plow records, and prior incident histories.
- Expert support: Safety, human factors, and engineering experts when measurements or testing strengthen liability.
Frequently Asked Questions (FAQs) About Proving Hazardous Conditions in Colorado
These quick answers address common concerns. If your question isn’t here, we’ll answer it directly.
I didn’t see the hazard—do I still have a case?
Yes. Many hazards (like black ice) are not visible; a lack of visibility can support liability.
The owner fixed it after I fell—does that help?
Repairs can’t be used to prove negligence, but they often correlate with other evidence of prior knowledge.
How fast do I need to act?
Immediately. Surveillance and logs can be overwritten in days or weeks. Call us as soon as possible.
What if a contractor handled snow/maintenance?
We often pursue both the landowner and the contractor, depending on contracts and control.
Why Choose Klibaner Law Firm?
With more than three decades handling Colorado personal injury cases, we have the expertise to get you the compensation you deserve. We secure time‑sensitive video and logs, retain qualified experts, and present your medical story in a way insurers respect and juries understand. Our trial‑ready approach drives settlement value.
If you were hurt because a property owner failed to address a dangerous condition, contact Klibaner Law Firm. We’ll evaluate your case for free and, if we take it, you pay no fee unless we win. No fee unless we recover. Call 303‑863‑1445 or reach out online.