Stores Owe Shoppers a Safe Environment, Not Just a Good Deal
If you go to a Colorado Springs store and get more than you bargained for – a slip and fall, trip and fall, or another accident – you may wonder if you can sue a store for injury and just how you do that. You are not alone in asking those questions – hundreds of thousands of shoppers suffer injuries each year while visiting retail establishments. Many, if not most, of those individuals choose to file a personal injury lawsuit to receive compensation from the store for their injuries and losses.
That is because retail stores in Colorado have a duty to keep their premises (including inside and outside the store) reasonably safe for the shoppers they invite inside every day. When they breach that duty, and a customer suffers injuries as a result, Colorado law allows the injured party to recover damages under the law of premises liability.
If you recently slipped, tripped, fell, or suffered any other kind of injury at a retail shop (such as from a falling object or the actions of an employee), here is what you need to know to sue a store for injury.
Premises Liability Law For Stores In Colorado
The most common bases for “premises liability” lawsuits are slip and fall or trip and fall injuries. Premises liability claims rely on the principle that property owners or others responsible for the maintenance and safety of property must keep that property in a reasonably safe condition. If they fail to do so and an injury results from that failure, premises liability laws hold such individuals responsible for their negligence.
The Colorado Premises Liability Act (the “Act”) governs claims for slips and falls and other injuries on someone else’s property and limits the time for bringing such claims (these time limits are known as the “statute of limitations”).
As outlined in that statute, its purpose is to define the responsibilities of both landowners, or store operators, and those upon the land, or the customers in the store. The statute allows a party to recover damages (sue a store for injury) in line with their status as a trespasser, licensee, or invitee.
Visitors or customers in a store, restaurant, or other businesses generally held open to the public are considered “invitees.” Under Colorado law, an invitee who sustains an injury on the landowner’s property has the right to seek compensation for damages caused by the landowner’s negligence in exercising reasonable care to protect the invitee against dangers of which they knew or should have known.
Related: What Evidence Do You Need to Win a Slip and Fall Case?
Steps To Sue a Store For Injury
As is the case after any injury, your first priority is to get medical attention. If the nature and severity of your injury allow, you will also want to get the name and contact information of any witnesses, including store employees, as well as the manager. Also, take photos of the area where your accident occurred and scribble down some notes about what happened while the incident is still fresh in your mind.
You should contact an experienced Colorado Springs slip and fall attorney specializing in premises liability law as soon as you can. Doing so is critical, even if you’re still determining whether you will ultimately sue a store for injury. Remember, meeting with an attorney doesn’t necessarily mean you have a claim or will file a lawsuit.
But retaining a lawyer is the best way for you as the injury victim to understand and protect your rights so that you have the best chance of obtaining compensation should you decide to pursue a case.
After an injury at their premises, the store will quickly reach out to their insurance company which will have a team of attorneys aggressively gathering evidence and developing defenses to any potential claim you might have. By hiring your own personal injury lawyer as soon as possible, you can deprive the store of this head start, as your lawyer can start requesting any video surveillance footage or other evidence and interviewing witnesses – while the events are fresh in their minds. Your lawyer can then advise you about how to proceed, including whether you should file a personal injury lawsuit.
King & Beaty, LLC: Experienced Colorado Springs Premises Liability Attorneys
At King & Beaty, LLC, our Colorado Springs premises liability attorneys fight relentlessly to help individuals who have suffered serious injuries because of negligently maintained property, including stores. We are committed to getting victims the resources and compensation they need to recover and have a long track record of success in doing so.
If you’ve suffered an injury in a store, please contact us today to schedule a free assessment of your case. We look forward to assisting you.
