A slip and fall accident can occur during a trip to the supermarket, while eating at a restaurant or shopping. Brain injuries or broken bones are both possible outcomes. Let’s say an injured patron decides to sue. How could the outcome vary based on the circumstances?
Colorado law uses a modified comparative fault rule for determining damages. The term implies that a plaintiff can receive a diminished amount or even no damages at all after the conclusion of a lawsuit depending on his or her share of fault in the accident. Being 50 percent or more at fault for an accident can bar a plaintiff from recovering damages in our state.
A hypothetical example can explain further.
Slip and Fall Accident Damages Depend on the Circumstances
John is walking to the local supermarket to pick up some groceries for the weekend. On his way to the deli, he responded to a friend’s text message and did not notice water on the floor spilled by a store employee who made no effort to clean up the mess. As he steps on the puddle of water, he slips and lands on his back.
He regains consciousness moments later as he is being wheeled away into a nearby ambulance. John later finds out he has suffered a broken back and a concussion. A simple trip to the store has ended in disaster.
The supermarket should have put up a wet floor sign and cleaned up the mess. However, John was texting when he stepped on the puddle and fell. It is possible that if he were awarded damages, his amount could be reduced due to the fact he was texting. Depending on the circumstances and the decision of the court, it is possible John could receive nothing.
The jury awards John $100,000 in damages but finds him 5 percent at fault, so the judge reduces the award by 5 percent and the final recovery is $95,000.
Comparative fault applies to torts law in Colorado in general. This is one of the reasons why it is important to hire an experienced attorney who has a proven record of taking on businesses and defending people who have suffered injuries caused by negligence.
The Colorado personal injury attorneys at Metier Law Firm, LLC can help people who have suffered injuries caused by negligent business operations.