QUESTION

Can. I sue? How do I start the process?

Asked on Oct 15th, 2013 on Slip and Fall - Colorado
More details to this question:
While on vacation this past weekend we stayed at a lodging condo. We were on the third story. Going down the stairs from the third to the second story, at about 9 at night. The stairs were outdoors, and there was no lighting. I tripped on something on the step 5 steps from the bottom. I sustained significant injury. I broke my foot and had pulled muscles, tendons etc. I went to the emergency room the following morning realizing that this was indeed a serious injury. I'm in a cast and on crutches. For at least 2 months. I may need surgery if one of the pieces that broke off of one of the bones doesn't heal in the correct spot. I missed out on most of our vacation, and of course, suffered significant pain. This incident happens at a lodge in Colorado. Typically used to house skiers, snow boarders etc. which is why I don't know if they are liable, being that slip and falls probably happen more often. But my fall was not due to ice, snow, or any condition like that.
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1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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This type of case is very fact-dependent, the successful claims have strong documentation as to the facts of the accident and the injuries suffered.  When an accident occurs because of a known condition, such as a leaking water line which management is aware, then there is a better argument to be made concerning landowner liability.  And if the accident victim is immediately treated by emergency room personnel or personal physician, then it is easier to prove an injury from the accident. Given your description of the stairway, the landlord and property manager may be liable because of the lack of adequate lighting - proper lighting is a basic safety feature that all public stairways should provide.  The time of year has no bearing on whether lighting is needed. You describe significant injuries which probably justify considering a lawsuit.  In Colorado, you must bring your premises liability claim within two years of the accident. For more information on premises liability please visit our webpage Premises Liability.  If you have further questions after reading the webpage, please call our office during business hours to speak to an attorney during a free initial consultation.  
Answered on Oct 17th, 2013 at 5:42 PM

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