My husband tripped & fell on the cement porch of our rental home, is the landlord/owner negligent?
(asked 147 months, 20 days ago in Florissant, CO)
We were coming home from grocery shopping & each had 2-3 bags that we carried from the truck. Since I drove home, had the keys & when I got to the front door to unlock it, he stepped back to allow me room. When he did, he tripped backwards over one of the two bolts (sticks up vertically 3-4 inches) on the cement porch & landed on the log laying horizontally next to the porch. He needed help getting up & was in a lot of pain. I picked up his bags after getting him inside where he could sit down. We went to the Emergency Room the next day since he wanted to see how he felt after a night's rest. His pain was intense & did not decrease & had to use his cane. I have had to assist him with undressing, dressing, getting in/out of bed/chair/car, using the bathroom, showering, etc. He was making excellent progress with his recent medications, exercise & sleep per his doctor's plan. This accident has forced him to use his cane all the time, he cannot do any activities with our 10-yr old daughter nor help care for his 90-year old father that has lived with us since April 2006.
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 131 Madeira Avenue, Penthouse
Coral Gables CO 33134 Personal Injury Lawyer in Miami, FL. (305) 221-1049
Mesa Law Firm
Personal Injury Lawyer in Miami, FL.
While slip and fall accidents are often difficult areas for seeking settlements, there is a possibility that you can obtain financial compensation for your suffering. Because you do not own the home that you are living in, you do not have control over the construction or the landscaping of the property. If you did not install the large bolts near your doorway, then you may be able to trace your sufferings back to the person who did. One of the first questions you need to ask yourself is “who is responsible for placing these bolts here?” After this, you will need to consider whether or not you have ever asked to have the bolts removed because of a safety hazard. Have others complained? Have the bolts posed a problem before?
According to the Colorado Revised Statute 13-21-115 a property owner can be responsible for a person’s injuries if the person on the property sustains injuries as a result of neglect on the part of the property owner. The plaintiff needs to prove that the property owner was expressly negligent in his or her upkeep of the property, and directly avoided making the land safer for a resident or visitor. If you have more questions about this situation, or believe that you may have grounds for a lawsuit, then you should set up a consultation with a personal injury attorney. Bring photos of the accident scene, any contact information for witnesses, doctor’s reports, and all other details that you have. You will when be able to discuss the premises liability laws in your jurisdiction with an attorney and develop a case if possible. Keep in mind that you will need to prove that your property owner neglected to maintain a reasonable level of safety on the property in order to gain a settlement.
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