Colorado Answer and Defenses - Slip and Fall

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Multi-State
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US-PI-0178
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This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
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FAQ

There is no set amount of compensation for an injury caused by a slip, trip or fall. Instead, compensation amounts will depend on the part of your body you have injured, the severity of your injuries and the effect they have had on your life.

What Is the Attractive Nuisance Doctrine? An attractive nuisance is something on the property that draws children in but threatens them with harm. Property owners can be held liable when that attractive nuisance actually injures a child.

In Colorado, injured persons generally have two years from the date of accrual to bring a personal injury claim against the party at fault. When automobiles are involved, Colorado law extends the Colorado personal injury statute of limitations to three years from the date of accrual.

What Are Colorado's Negligence Laws? Colorado is a modified comparative negligence state. Meaning, the plaintiff's damages are reduced by the plaintiff's percentage of fault. But, if the plaintiff is found to be more negligent or equal to the combined negligence of the defendant, the plaintiff gets nothing.

One of the commonly used defenses in a premises liability case is that the defective property condition that caused an injury was open and obvious. An open and obvious defect is one that an average person would discover on the property with normal or casual inspection of the property.

The statute of limitations for a slip and fall claim in Colorado is set at two years from the date of the accident. Colorado Revised Statutes Section 13-80-102 says that any legal actions, including ?actions for negligence? has to be instituted ?within two years after the cause of action accrues.?

The average slip-and-fall settlement varies by case but is usually between $10,000 and $50,000. You may be entitled to significant compensation to help you cover lost wages, medical bills and more. Schedule a free consultation with an injury lawyer at Brown & Crouppen. If you don't get paid we don't get paid.

Slip and Fall Accidents and the Comparative Negligence Rule Colorado uses a modified comparative negligence law, meaning that while your own negligence may not bar you from financial compensation entirely, it can reduce the amount that you receive by an amount that is equivalent to your percentage of fault.

Whether a slip and fall case is hard to win depends on the factors of that specific case. You must prove a property owner either knew or reasonably should have known about the hazard that caused your fall. Proving a ?should have? sometimes makes a case difficult but does not make it impossible.

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Colorado Answer and Defenses - Slip and Fall