Who is Liable for a Broken Sidewalk Accident in Colorado?
When hazardous or damaged walkways, such as a cracked sidewalk, cause people to slip and fall or suffer injuries due to it not being maintained, it is understandable to wonder who is responsible for these accidents that occur. In Colorado, cities like Denver have held property owners accountable for installing and maintaining sidewalks within the public right of way.
If you have suffered injuries from a broken sidewalk accident, our attorneys at can help you. We guide our clients to receive the compensation they deserve due to injuries from a property owner’s negligence. Below, you will find more information about broken sidewalk accidents in Colorado and how your legal team can help you.
Premises Liability Claims for Broken Sidewalks in Colorado
When individuals suffer injuries from a slip and fall on a broken sidewalk, they are permitted to seek compensation from the property owner or liable parties. Fall accidents on broken sidewalks can lead to significant injuries and legal claims against the responsible parties. Under the premise liability statute, property owners may be held responsible for specific injuries on their land or property. In the case of a broken sidewalk, a business owner, property owner, or homeowner may be liable for the damages resulting from your accident on their property.
Determining liability can be challenging, as different factors are considered when determining negligence under premise liability. The reason why the person is on the property and how the accident occurs play a significant role in deciding where the neglect occurred. Here are the legal statuses for providing a standard of care:
- Trespassers
- Licensees
- Invitees
- Children
The type of damage a person can receive is dependent on the legal status they have on the property at the time of the accident. Each status has an outlined duty for the standard of care that owners and liable parties are required to provide. If they fail to warn or perform their duties to prevent and limit the impending damage, they are negligent in the case of an accident.
Who Is Responsible for Sidewalk Maintenance and Repair: Property Owners?
In Colorado, generally, all property owners and business owners are responsible for the upkeep of their private property. Property owners are also responsible for the initial sidewalk construction and ensuring it meets safety standards. In addition to property owners being liable for a broken sidewalk accident, premise liability may add property managers, vendors, tenants, contractors, and other personnel to the case, depending on the situation and proof of neglect.
According to the code of ordinances in Pueblo, CO, tenants, occupants, business owners, or owners of the buildings involved are responsible for snow and ice removal on a sidewalk, as well as hanging icicles and other threats to public safety. In addition, there are penalties for neglecting sidewalks, construction, and other repairs that impede danger in public walkways, including sidewalks. All owners are responsible for their standard of care and can face penalties for neglecting to notify, protect against, or avoid impeding damage on their property.
Hazards that Can Cause Sidewalk Accidents
Sidewalk accidents can occur due to a variety of hazards, each posing significant risks to pedestrians. Cracked or uneven sidewalks are common culprits, often leading to tripping or slipping incidents that can result in serious injuries. Poor lighting can exacerbate these dangers, making it difficult for individuals to see obstacles or hazards on the sidewalk, thus increasing the likelihood of accidents.
Debris or obstacles such as trash, branches, or construction materials can obstruct the sidewalk, creating additional tripping or slipping hazards. Weather conditions also play a crucial role; ice, snow, or rain can make sidewalks slippery, significantly raising the risk of falls. Sidewalk defects, including potholes and uneven surfaces, are another major concern, as they can easily cause pedestrians to lose their balance.
Overgrown vegetation, such as trees or bushes that are not properly maintained, can obstruct the sidewalk and contribute to tripping or slipping incidents. Addressing these hazards is essential to prevent sidewalk accidents and ensure pedestrian safety.
Determining Liability for Sidewalk Accidents
Determining liability for sidewalk accidents can be a complex process, influenced by various factors. Property owners are typically responsible for maintaining the sidewalks adjacent to their property. If they fail to do so, they may be held liable for any accidents that occur due to their negligence. This responsibility extends to business owners, who must ensure that their property, including sidewalks, is safe for customers.
Premises liability claims come into play when property owners neglect their duty to maintain safe conditions. These claims hold property owners accountable for ensuring their property is free from dangerous sidewalk conditions that could harm visitors. Business owners, similarly, must uphold their duty of care to prevent accidents on their premises.
In some cases, the government may be responsible for maintaining sidewalks, particularly in public areas. If the government fails to address sidewalk defects or other hazards, they may be held liable for accidents that occur. Determining liability involves examining the specific circumstances of the accident and identifying the party responsible for maintaining the sidewalk.
Filing a Claim for a Sidewalk Accident
If you have been injured in a sidewalk accident, filing a claim for damages is a crucial step toward obtaining compensation. The first step is to gather evidence of the accident, including photos of the scene, witness statements, and medical records documenting your injuries. This evidence will be essential in supporting your claim.
Next, you need to determine liability. This involves identifying who is responsible for the sidewalk where the accident occurred, whether it is a property owner, business owner, or the government. Once liability is established, you can file a claim with the liable party or their insurance company.
Seeking legal representation can greatly enhance your chances of a successful claim. A skilled attorney can help you navigate the claims process, ensuring that you receive fair compensation for your injuries. They can also assist in negotiating with insurance companies and representing your interests in court if necessary.
Damages Available for Sidewalk Accidents
Victims of sidewalk accidents may be entitled to various types of damages, depending on the severity of their injuries and the impact on their lives. Medical expenses are a primary concern, and you may be able to recover costs related to hospital bills, doctor visits, and rehabilitation.
Lost wages are another significant factor, especially if your injuries prevent you from working. Compensation for lost wages can help alleviate the financial burden during your recovery period. Additionally, you may be entitled to damages for pain and suffering, which encompass emotional distress and loss of enjoyment of life resulting from the accident.
Financial compensation may also cover other expenses related to your injuries, such as transportation costs for medical appointments and necessary home modifications to accommodate your condition. Pursuing these damages can provide the financial support needed to aid your recovery and improve your quality of life after a sidewalk accident.
How a Personal Injury Attorney Can Help Your Case
If you have suffered injuries from a broken sidewalk accident, hiring a skilled lawyer can help you determine the best strategy to prepare a successful claim. A skilled lawyer can help you navigate the complexities of a premises liability claim, ensuring you receive the compensation you deserve. When another’s wrongdoing and negligence are to blame for an accident you have experienced, you have the right to file a claim and seek compensation for the damage done.
Personal injury attorneys are skilled in slip and fall accident cases, premise liability, and helping clients maximize the compensation owed to them. Without a legal team, you may miss out on receiving the totality of monetary compensation owed to you. Many companies and businesses have legal teams experienced in settling cases like yours. Still, with a skilled lawyer on your side, you can recover at ease, knowing your best interests are considered throughout the case.
Contact Colorado Attorneys at Mintz Law Firm after a Broken Sidewalk Accident
With 150 years of combined experience at Mintz Law Firm, your case is geared to succeed. Our legal team is dedicated to helping our Colorado clients receive justice through a successful claim. We can’t change the accident that occurred to you, but we can fight for the compensation that may help you through your recovery. Reach out to our law firm with our contact form or give us a call at (303) 462-2999 to schedule your free consultation.