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