Not all slip, trip, and fall accidents are eligible for a lawsuit under the law. Even among those that are serious enough to merit a trip to court, the amount of compensation in Colorado cases is limited by the doctrine of modified comparative negligence.
Under the doctrine of modified comparative negligence, a victim of a slip and fall accident can only recover money from a property owner where the owner of the premises is more than 49 percent responsible for the accident. Thus, if an injured person is found to be 50 percent or more responsible for the accident, the person will not be able to recover anything.
In addition to this threshold, the amount of compensation, or damages, that an injured party can recover is also limited by the doctrine of modified comparative negligence. Thus, if the victim is found to be 30 percent at fault for causing the accident, and the premises owner is found to be 70 percent at fault, any damage award will be reduced by 30 percent, which is the amount the injured person was found to be at fault.
Some things an attorney needs to know to help a victim make a reasoned decision about bringing a lawsuit include the extent of the injury and whether it has kept the victim from going to work. In addition, it is important to inform the slip and fall attorney whether medical help was sought, and why the accident occurred. A skilled attorney can examine the facts of a case and help a victim understand how this doctrine applies to a particular set of circumstances so that the injured party can decide whether it is in his or her interests to mount a suit for a slip, trip or fall injury.