The Centers for Disease Control and Prevention reports there are more than 10 million emergency room visits for fall-related injuries every year in the United. Many of these injuries are the result of poor maintenance on the part of property owners or managers.
If you’ve been injured in a premises liability accident, such as a slip-and-fall or sidewalk accident, Jeffrey Scott Lasswell, PC, can help. As a former insurance attorney, I know how these companies try to dodge responsibility for accidents. I can apply my experience to help you recover the compensation you deserve. Since opening my practice, I have helped my clients recover millions of dollars for their injuries. Call our office or visit our contact page for your free initial consultation.
What Is Inadequate Maintenance?
Colorado law imposes property owner liability when property owners fail to keep their premises in a safe condition and someone is injured as a result of their negligence. If some area of the property needs work or has fallen into disrepair, the property owner or manager is required to warn tenants and visitors of the hazard to keep everyone safe. They are also expected to quickly fix hazards they learn about.
When property owners or managers do not properly maintain the premises and/or fail to warn people of hazards on the property, they have failed in their legal duty. If this failure results in someone being injured, the injured party can seek compensation through an inadequate maintenance claim.
How Do You Prove an Inadequate Maintenance Claim?
You will have to prove that there was a dangerous condition or hazard on the property. You will also have to show that the property owner or manager knew about the dangerous condition or they should have known about it.
You’ll have to show that the property owner or manager didn’t address the dangerous condition or provide proper warnings. Finally, you must prove that the property owner’s or manager’s lack of action caused your injuries.
As an experienced Colorado slip and fall attorney, I know the evidence you will need to establish your case. This may include medical records, photos of the hazard, the accident report from the business or property owner, surveillance camera footage, witness statements, expert witness statements, property maintenance records, or other compelling evidence. I can gather this evidence and present it in a way that establishes your right to compensation.
Factors Involved in an Inadequate Maintenance Case
Inadequate maintenance cases can be tricky to prove because the laws are complex, and evidence can be hard to obtain. Here are a few factors that need to be taken into account in your premises liability claim, which a seasoned lawyer will help you navigate:
- Were you legally on the property? Under Colorado law, property owners owe legal visitors certain legal duties, but these responsibilities do not typically apply to trespassers.
- How obvious was the hazard? If the dangerous condition on the property is fairly easy to see and the property owner failed to notice it, it may be easier for you to show that the property owner should have discovered it and easily would have had someone been regularly inspecting the property. However, if the hazard is not obvious, you’ll need to show that the owner should have known about it and that a reasonable property owner would have discovered it.
- Did the property owner provide adequate warning? Property owners and managers must provide sufficient warning of hazards on the property. If they fail to do so, they may be held liable for the damages stemming from their negligence.
- Did you suffer harm because of the hazardous condition? If you were not harmed due to the hazardous condition, you will not have a viable premises liability claim. However, if you were harmed because of the inadequate maintenance, a slip and fall lawyer may be able to help you recover compensation for the losses you incurred.
How Can a Colorado Springs Premises Liability Lawyer Help?
Here are a few ways our premises liability team can help you if you’ve been injured due to inadequate maintenance at a property:
- Investigate your claim – We’ll go over all the evidence to identify the factors that contributed to your accident and identify all potential sources of compensation.
- Interview witnesses – Eyewitnesses can be a valuable source of evidence in these cases. We will interview anyone who saw the accident or the conditions leading up to it.
- Identify all liable parties – There may be more than one liable party in the accident. If so, you have more chances to recover the compensation you deserve for your injuries.
- Value your claim – You may be able to receive compensation for a wide range of injuries and losses after an accident. This includes your medical bills, lost wages, physical pain and suffering, mental anguish, and more. We’ll make sure to seek compensation for the full range of damages you have endured.
- Negotiate your settlement – Don’t let insurance companies and their lawyers push you around. Our team will fight hard on your behalf to get you what you deserve.
- File a lawsuit – Sometimes insurance companies refuse to pay out fair compensation even though you may have suffered greatly. In these situations, we’ll prepare your case for court and provide aggressive representation at trial.
Talk to an Experienced Colorado Springs Premises Liability Attorney today
Don’t wait to get the compensation you deserve for your injuries after an inadequate maintenance accident. The premises liability statute of limitations in Colorado generally gives you only two years from the date of your accident to file a lawsuit, if necessary. I know the tactics insurance companies may use to try to delay or minimize your claim. I will fight hard to protect your rights and seek the maximum compensation available for your claim. Call Jeffrey Scott Lasswell, PC, or visit our contact page to get your free case review.