How to Prove Liability in a Denver Frozen Walkway Slip and Fall Case
Request Free ConsultationDenver winters bring heavy snowfall, freezing temperatures, and treacherous walking conditions. Icy walkways and stairs pose serious risks, leading to devastating injuries for scores of pedestrians every year. If icy sidewalks or stairs have caused you or a loved one to slip and fall, you may be able to recover compensation in a Denver frozen walkway slip and fall case. But how do you establish fault in a frozen walkway accident?
In Colorado, property owners are legally responsible for keeping walkways safe for visitors. If they don’t and you are injured, they may be held liable.
However, proving liability in a Denver frozen walkway slip and fall case requires a comprehensive understanding of premises liability laws. Recovering compensation for a slip and fall injury requires meticulous investigation, as well as professional knowledge of legal defenses and how to overcome them.
Colorado Premises Liability Law and Snow/Ice Accidents
Under Colorado’s Premises Liability Act (C.R.S. §13-21-115), property owners and occupiers must maintain reasonably safe conditions on their premises. These requirements include clearing ice and snow from sidewalks, parking lots, and other walkways.
If someone who lawfully enters a property and slips and falls due to uncleared ice or snow, the property owner could be required to pay for medical expenses, lost wages, and other damages.
Who Is Responsible for Snow Removal in Colorado?
Most Colorado cities and towns have their own snow removal requirements. Property owners are generally responsible for clearing stairs, ADA ramps, sidewalks adjacent to their properties, and other walkways.
For instance, in Denver, residential and commercial property owners are required to clear sidewalks within 24 hours after snowfall stops, while businesses must clear their sidewalks immediately. In Boulder, all residential property owners must clear sidewalks within 24 hours after a snowfall ends, while businesses must clear their sidewalks within four hours. Snow must not be pushed onto streets or public rights-of-way.
Businesses face additional liability concerns due to increased foot traffic and potential slip-and-fall accidents. For rental properties, responsibility depends on lease agreements, but in multi-unit buildings, landlords are usually accountable.
Property owners are also liable for slippery walkways regardless of snow patterns. Shade, freeze-thaw cycles, and improper drainage can all contribute to ice buildup, making walkways hazardous.
Penalties for Not Clearing Snow in Colorado
Failure to comply with municipal snow removal ordinances can result in escalating fines. In Denver, fines typically start at $150 for a first offense and increase for repeat violations. If the property owner does not remove snow in time, the city may clear it and bill the property owner for the cost, which is often higher than the standard fine.
In addition to fines, non-compliance can also have long-term repercussions on insurance claims in the form of higher premiums. Refusal to follow local regulations also exposes business owners to potential civil lawsuits if an accident occurs due to unremoved snow or ice.
Repeated accidents on the same property or on properties owned by the same business might demonstrate a clear disregard for safety, which can lead to higher penalties.
Legal Precedents for Ice and Snow Removal
Colorado court decisions have further clarified legal duties of property owners in removing snow and ice. In Henderson v. Master Klean Janitorial, Inc., the Colorado Court of Appeals ruled that both property owners and their contractors could be held accountable if they failed to remove snow from a property in a timely manner. The decision effectively allows companies responsible for maintaining property to be held liable as “property owners” due to their contractual obligations.
State emergency declarations may temporarily modify enforcement deadlines during extreme weather events. For instance, during the 2006 Colorado blizzard, a state order extended municipal snow removal requirements due to record snowfall.
Exemptions and Adjustments for Severe Weather
Recognizing that not all individuals may be able to clear icy walkways and snow, some Colorado municipalities provide snow removal exemptions for senior citizens and individuals with disabilities. Exemptions typically require pre-registration and medical documentation to qualify.
Who Can Be Held Liable for a Slip and Fall on Ice?
Several parties can potentially be held responsible in a frozen walkway slip and fall case, including:
- Homeowners who fail to shovel or de-ice their sidewalks. If you order a package and a delivery driver slips on your frozen walkway, you could be liable for any injuries they suffer.
- Commercial property owners who neglect to clear business entryways put lawful visitors at risk of slip and fall injuries.
- Landlords who neglect safety by not maintaining walkways and common areas put tenants and their guests at risk of injury.
- Contractors, such as groundskeepers, maintenance providers, and snow removal companies, that do not adequately keep walkways and stairs free from snow and ice.
Key Evidence to Prove Liability in a Slip and Fall Case
Many slip and fall accidents are minor, but occasionally they result in much more serious injuries. When an icy walkway causes someone to become seriously injured, seeking compensation from the property owner’s insurance can help recover compensation for damages and losses.
Proving liability for a slip and fall accident requires gathering significant evidence to support your case, including:
- Photos and Videos of the Scene: Capturing images of the icy condition immediately after your fall can serve as valuable evidence. Property owners may attempt to clear the ice after an accident to dispute your claim.
- Surveillance video: Cameras on or near the property may have captured the slip and fall accident on video.
- Witness Statements: Witnesses who saw your fall—or who can testify about the hazardous conditions—can strengthen your case.
- Maintenance Records: For businesses or rental properties, records showing a lack of snow removal or salting can prove negligence.
- Weather Reports: Weather data from the day of the accident can confirm freezing conditions and potential hazards.
- Medical Records: Detailed documentation of your injuries links the fall to your medical condition and supports your compensation claim.
Types of Damages Recoverable for a Slip and Fall Injury
In Denver and throughout Colorado, victims of slip and fall accidents may seek compensation for various types of damages, depending on the severity of the injury and the circumstances surrounding the accident. These damages fall into four main categories: economic damages, non-economic damages, punitive damages, and wrongful death damages.
Economic Damages
Economic damages cover tangible financial losses you incur as a direct result of the slip and fall injury. These damages are easily quantifiable and typically include:
- Medical expenses, both past and future
- Lost wages or income
- Diminished earning capacity
- Property damage
Non-Economic Damages
Non-economic damages are awarded for intangible losses that impact your quality of life. These damages are more subjective and include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages (Exemplary Damages)
Punitive damages are rare and only awarded when gross negligence or intentional misconduct contributed to the slip and fall accident. These damages are meant to punish the defendant and deter similar reckless behavior.
For instance, if a Denver business owner repeatedly ignored city-mandated snow removal laws despite previous violations and fines, causing a slip and fall injury, the victim could receive punitive damages.
Wrongful Death Damages
If a slip and fall accident leads to a fatality, the victim’s family or estate may pursue wrongful death damages. These damages aim to compensate surviving family members for their financial and emotional losses.
- Funeral and Burial Costs
- Loss of Financial Support
- Loss of Companionship
How to Prove Negligence in a Slip and Fall Case
Who’s to blame for slip and fall accidents may seem obvious in a lot of cases, but from a legal standpoint, establishing liability for a seemingly simple accident can be surprisingly complex.
To successfully resolve your personal injury claim in a slip and fall case, your slip and fall lawyer must demonstrate four things:
1. Duty of Care
This means that the property owner must keep their space safe for visitors. They must clear icy sidewalks so that lawful visitors don’t become injured in a slip and fall accident. Businesses and landlords of multi-unit residences are especially liable given the amount of foot traffic on their premises.
2. Breach of Duty
This means that your lawyer must show that the property owner failed in their responsibility to eliminate a hazard, warn of a hazard, or maintain a reasonably safe environment. The owner is responsible if they foresaw or should have foreseen the danger and did nothing to fix it.
3. Causation
You must show that the property owner’s failure directly caused your fall. If you slipped because of a wet floor with no warning sign, the business may be at fault. However, if you tripped over your untied shoelace, the owner is not responsible.
4. Damages
Your slip and fall attorney must prove that the fall caused you to suffer real harm. This could include medical bills, lost wages, or pain and suffering.
If your lawyer can show all four elements of negligence, you may be able to secure compensation for all the damages you suffered in the accident.
Challenges in Proving a Frozen Walkway Slip and Fall Case
While proving liability seems straightforward, property owners and insurance companies often dispute these claims. Their common defenses include:
- Claiming the victim was to blame or partially at fault (e.g., not paying attention or wearing improper footwear)
- Arguing the ice accumulation was “natural” and unavoidable
- Asserting they had insufficient time to clear the walkway
Overcoming These Defenses
With the help of a skilled attorney, you can challenge these defenses by:
- Providing evidence that the ice had been present for an extended period
- Demonstrating prior complaints about the icy condition
- Proving negligence through city ordinance violations
A slip and fall accident on an icy walkway can change your life in an instant. But trying to recover fair compensation on your own can be a costly mistake. Insurance companies and property owners often have teams of lawyers working to minimize their liability, making it extremely difficult for injured victims to obtain a fair deal.
Partnering with an experienced personal injury law firm gives your case the leverage it needs to succeed. A skilled slip and fall accident lawyer levels the playing field and significantly improves your chances of securing full and fair compensation.
FAQs About Denver Frozen Walkway Accidents
If you’ve been injured in a slip and fall accident due to snow or ice, you may have legal options. Below are common questions about Colorado’s slip and fall laws, liability, and filing a claim.
How long do I have to file a slip and fall claim in Colorado?
Under Colorado’s statute of limitations, you have two years from the date of your accident to file a personal injury lawsuit. If your claim involves a government entity, such as a fall on a public sidewalk or city-owned property, you must file a notice of claim within 180 days. Don’t delay seeking legal help. Missing these deadlines may result in losing your right to seek compensation.
What if I am partially at fault for the accident?
Colorado follows a modified comparative negligence rule. This means you can still recover damages if you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault. While insurance companies may try to pin blame on you for the accident, a skilled personal injury attorney can fight to protect you and your claim from undue blame.
Can I sue my landlord for a slip and fall on ice?
Yes, you may have a case if your landlord’s negligence caused your injury. Landlords in apartment complexes and other multi-unit residences are responsible for maintaining common areas such as sidewalks, stairs, and entryways. If they failed to remove snow or ice within a reasonable time and this led to your fall, you could file a premises liability claim. If you rent a home, you may bear more responsibility for maintaining the property, according to the terms of your lease agreement. A premises liability lawyer can help you determine whether you have a case.
Call Fuicelli & Lee Injury Lawyers if You Were Injured in a Denver Slip and Fall Accident
Suffering serious injuries after a Denver slip and fall accident is bad enough. Dealing with insurance companies who dispute and devalue your claim on top of everything else you’re experiencing can be incredibly frustrating and result in a settlement that is far substantially lower than what you deserve.
At Fuicelli & Lee Injury Lawyers, we stand up to big insurance companies that take advantage of you so you can focus your time and energy on recovering. Call us today at (303) 444-4444 or use our online contact form to schedule a free consultation. One of our dedicated personal injury attorneys will review your case, answer any questions you may have, and explain your best legal option.