Denver Rights of Pedestrians in Walkways
Millions of pedestrians slip and fall in walkways every year in the United States. Many of them are reported, but too many more are not. The embarrassment of slipping and falling in a public area around a crowd of onlookers deters many victims from calling more attention to their plight by making a scene. Unfortunately, they wait until days or weeks after the fact when the physical aftereffects set in–and their recollection of the events leading up their accident have become foggy. If you had slipped (or tripped) and fell on someone else’s property in Colorado, do not hesitate to speak to a Colorado personal injury attorney, even if you’re not contemplating taking legal action.
Colorado Premises Liability Statute
In Colorado, a landowner can be held liable when a pedestrian is injured on a walkway on his property, contingent on the status of the pedestrian i.e., if the pedestrian was trespassing, the pedestrian was a licensee or the pedestrian was invited onto the property. Trespassers can only recover for damages the landowner deliberately or willfully caused. Licensees can only recover for damages resulting from the landowner’s failure to exercise proper care with respect to dangers on his property he knew about, or the landowner failed to warn of dangers not of his doing nor ordinarily on his property, yet he was aware of the dangers. Invitees may only recover damages if the landowner failed to exercise proper care to protect against dangers he knew or should have known about.
Landowner Responsibility in Colorado
The landowner has a responsibility to inform guests, customers, passersby and pedestrians of any dangers or hazards on his property, giving these individuals the choice of entering at their own risk or not entering at all. Depending on the circumstances, a landowner may be held liable for:
ñ A person slipping/tripping and falling in a walkway on his property
ñ A walkway on which the concrete is cracked, not laid property or has other defects
ñ Unmarked area on his walkway that is undergoing construction
ñ Failing to keep walkways clear of ice and snow and other debris
ñ Leaving objects in walkways that pose a potential danger to pedestrians
Damages
You could recover damages for loss of wages or present or future earning capacity, medical expenses, future medical treatment for your injuries, pain and suffering or any other present and future economic losses suffered due to your injuries. Having representation by a Colorado personal injury that specializes in pedestrian injuries/accidents increases your chances of a substantial settlement–much more than if you didn’t have legal representation.
What to Do if You Fall in Colorado
If you injure yourself as a result of a slip or fall, get the names all witnesses, even those who helped you. Get a copy of any accident report if one was done (your attorney may have better success at getting this). Refrain from making any statements and refuse any insurance settlements until you have retained a Colorado personal injury attorney. The personal injury attorneys at the O’Connell Law Firm, P.C., bring 40 years of legal and negotiating experience to every pedestrian injury case they handle. They will see to it that the responsible parties in your case are held accountable and compensate you for your pain and suffering. Contact their office for a free initial consultation.
