Colorado Slip and Fall Statute of Limitations
A slip and fall claim arises in various circumstances and, in some cases, may lead to a lawsuit. Slip and fall accidents typically occur in places such as:
- Grocery stores,
- Department stores, and
- Parking lots.
If you or a loved one suffered injuries after you fell due to someone else’s negligence, they may be liable for your injuries. However, you must file your lawsuit within a certain time period, known as the Colorado slip and fall statute of limitations. If you file a lawsuit after the limitation period expires, the judge will likely dismiss your claim.
What Is the Statute of Limitations in Colorado for Slip and Fall Claims?
The statute of limitations is the time period within which you must bring your personal injury claim against the party responsible for your losses. The statute of limitations prevents people from holding the threat of litigation over someone’s head for an extended period. In most cases, the evidence available to prove a personal injury claim deteriorates over time. Thus, the statute of limitation also ensures one party is not placed at an unfair disadvantage because evidence of the claim is lost.
Colorado imposes a two-year statute of limitations in most slip and fall cases. The statutory period begins on the date the slip and fall accident occurred. Based on the facts of your case, the statutory period may span longer than two years or last less than two years. You should talk to a slip and fall lawyer to discuss your claim and determine what statute of limitations applies to your case.
Exceptions to the Statute of Limitations on Slip and Fall Claims
Colorado recognizes certain exceptions to the two-year statute of limitations. For example, if the injured party is a minor at the time of the accident, the statutory period starts whenever they turn 18. Additionally, if the injured party is mentally incapacitated or disabled at the time of the accident, the time limit starts when the injury is discovered. In Colorado, if the at-fault party is in the middle of bankruptcy proceedings, the statutory period does not start until the bankruptcy proceedings are finalized. If you did not discover your injury after a slip and fall accident, the statutory period begins on the date you discovered the injury instead of the date of the accident.
What Is a Slip and Fall Claim?
Falls happen all the time and almost never intentionally. Most falls are accidents, but in some scenarios, certain falls happen due to a property owner’s negligent behavior. In these circumstances, the property owner may be liable for your injuries.
Slip and fall claims are based on the legal theory of premises liability. Premises liability means that property owners are responsible for certain accidents that occur on their property. To prevail on a premises liability claim, you must show that the property owner negligently maintained their property, which resulted in your injury.
As a general matter, property owners owe a duty of care to most individuals present on their property. To satisfy the duty of care, property owners must keep their premises in a reasonably safe condition. This includes keeping walkways free of debris, warning of wet or icy conditions on sidewalks, and addressing any other issues that may pose a danger to individuals on the property.
A failure to satisfy the duty of care constitutes a breach. However, the plaintiff bears the burden of proving that the property owner actually knew of, or in certain circumstances should have known of a hazardous condition on their property and failed to remedy the situation.
Further, you must demonstrate that the property owner’s negligence directly resulted in the fall that caused your injury and that you suffered financial harm as a result of your injury.
If you slip and fall on someone else’s improperly maintained property, they may be liable for your injuries. An experienced slip and fall lawyer can help you understand your options. Contact a lawyer at Sloat, Nicholson & Hoover to discuss your slip and fall claim and see how we can help you.
How Can I Find a Slip and Fall Lawyer?
There are dozens of personal injury attorneys throughout Colorado who handle slip and fall claims. How can you ensure the lawyer you choose to represent you is qualified to take your case?
Luckily, many attorneys post information on their websites about their legal experience and prior case results. You need a personal injury lawyer with a thorough understanding of the slip and fall statute of limitations in Colorado, otherwise you may lose the right to file your claim. Our team has over a century of combined experience representing injured victims in personal injury claims. We are confident in our ability to represent your case and fight to obtain a favorable settlement offer on your behalf.
Another way to feel out your potential personal injury lawyer is by taking advantage of free consultations offered by many law firms. You can use the free consultation to meet your prospective attorney and discuss the details of your case. This will give you the opportunity to talk to the lawyer in person and gauge whether you feel confident in their representation. Contact our team at Sloat, Nicholson & Hoover to schedule a free consultation today.
Questions About the Colorado Statute of Limitations for Slip and Fall Claims?
If you or a loved one suffered injuries after a slip and fall accident, the property owner may be liable for your injuries. However, the statute of limitations gives you only two years to file your claim. Our attorneys at Sloat, Nicholson & Hoover have more than 100 years of combined experience representing victims injured due to someone else’s negligence and have recovered over a hundred million dollars on behalf of our clients. We can guide you through the personal injury process and ensure your lawsuit is filed before the statute of limitations expires. Contact our office today so we can start reviewing your case.
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