As a Denver business owner, you have a duty to maintain your property in a safe condition and to remedy any hazards that may cause a risk of injury to people who enter.
Unfortunately, slip-and-fall accidents do happen, despite your best efforts to safeguard your visitors and guests. Still, these incidents do not have to destroy your business: You can defend your business against the claims of a slip-and-fall victim. Our attorneys at the Thomas Law Firm can tell you more about a defense strategy, but an overview of your legal options may be helpful.
Contest the Claims
A victim must establish key elements of premises liability in a slip-and-fall claim, including the existence of a legal duty, failure to comply with the duty, and a link between the breach and the resulting injuries. The plaintiff bears this burden, not you. If you can present evidence that counters any element of a premises liability claim based upon negligence, you can either limit or defeat the case against your business.
Actual or Constructive Notice
Premises liability cases are unique under the theory of negligence because it is necessary for a claimant to prove that you had notice of the hazardous condition that caused the accident. For example, you cannot be held liable for the victim’s injuries if he or she slipped on a puddle that was created a few moments before the fall. You can defend the allegations by showing that you did not actually know about the spill because you did not see it in time to clean it up.
Constructive notice is also a defense option: This concept focuses on what you should have known about the dangerous condition, based upon when it appeared and how long you had to remedy it. In the above example, you did not have constructive notice of the spill before it caused a slip-and-fall incident. However, if it sat for an hour or more without taking action, you did have constructive notice – regardless of whether you did actually observe it.
Comparative Negligence
Under the theory of comparative negligence, a victim’s financial recovery may be limited if he or she was partially at fault in the injury-causing accident. In premises liability cases, this rule operates to hold claimants responsible when their own actions contribute to the slip-and-fall incident; their compensation is reduced by the percentage of fault attributable to them. If a victim’s own fault is 50 percent or more, comparative negligence rules bar any monetary damages.
Colorado’s Limitation on Damages
Under state law, a plaintiff’s recovery amount is limited by a statutory cap on non-economic damages. Though the base amount as of the statute’s effective date was $250,000, this figure has been adjusted for inflation annually and is much higher today. Note that, if a claimant presents clear and convincing evidence that a higher amount would be just, the statutory cap is $500,000 – also adjust for inflation. The statutory cap only applies to such damages as pain and suffering, emotional distress, and diminished enjoyment of life. It does not apply to economic damages.
Schedule a Consultation with a Denver Defense Lawyer Today
There may be additional defense options available based upon the specifics of your case, so please contact the Thomas Law Firm to discuss your situation. Our attorneys have assisted many Denver businesses in defending against premises liability claims, and we will fight to protect your interests.
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Civil Practice Areas
When a victim is injured and claims that your organization is responsible, you want to do all you can to protect your investment. Fortunately, there are multiple defenses available under Colorado law, which may defeat the plaintiff’s claim or reduce the compensation he or she can recover.
Auto Accident Liability Defense Lawyers
Car accidents are disturbingly common, but they can have a serious impact if your Denver business is implicated in the incident. Victims often go for the “deep pockets” of organizations, especially when the amount of the claim is higher than your insurance coverage.
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Employment Lawyers
Whether you own a business in Colorado, California, or Alabama, there are state and federal regulations to which you must adhere. If you violate a law, are responsible for an injury, or violate a person’s rights, you may find yourself the victim of a lawsuit. To protect yourself in the event of a lawsuit, have a Denver business employment lawyer on retainer. Call the Thomas Law Firm to learn more about our practice and how we can help you.
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Non-compete Agreement Lawyers
A non-compete agreement is an agreement between an employer and an employee that the employee will not seek employment with a competing employer or start a competing business after employment ends. Non-compete agreements are designed to protect employers in the form of commitment from employees and to protect employers’ investment in employees.
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Premises Liability Defense Lawyers
As a Denver business owner, you have a duty to maintain your property in a safe condition and to remedy any hazards that may cause a risk of injury to people who enter.
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Workers Compensation Defense Lawyers
You work hard to keep your Denver business thriving and a key factor in your organization’s success is workplace safety. When accidents do happen, the associated workers’ compensation claims can take an unfortunate toll.
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Wage and Hour Business Lawyer
As a Denver business owner, there are several laws and regulations by which you must abide, otherwise you risk losing money and damaging your business’s reputation. Many of those laws have to do with wage and hour disputes. The best way you can avoid wage and hour disputes is by partnering with a Denver business attorney prior to hiring employees.
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Over 67 years of legal experience
When contacting our offices one of the first questions people will often ask our defense attorneys is “What is the chance of winning a case in Colorado?” Every case is unique and presents a different set of circumstances. For example, a case in Aurora would be defended differently from a case in Denver, or a case in Lakewood. However, the sooner you contact a lawyer, the greater your chances are of getting a favorable outcome. Our attorneys have the combined experience of handling thousands of cases throughout their careers.