According to Colorado state law, the burden of proof in a slip and fall injury claim is a preponderance of the evidence. This means clear and convincing evidence that the defendant is more likely to be responsible for the slip and fall accident than not responsible. Proving a slip and fall accident claim requires evidence of the property owner’s negligence. Negligence means to breach or violate the duty of care, or to act in a way that is unreasonable for the circumstances.
This burden of proof in a slip and fall claim has five key elements:
The defendant was the party responsible for the maintenance, care and use of the property at the time of the slip and fall accident.
The defendant had a duty to prevent or remove slip and fall accident hazards based on the status of the visitor (invitee, licensee or trespasser).
The defendant knew or reasonably should have known of the dangerous condition on the property but did nothing to repair it or warn visitors of its presence.
The defendant’s maintenance or use of the property was the proximate cause of the slip and fall accident, meaning the accident would not have happened but for the defendant's negligence.
The victim suffered compensable losses, such as medical bills and lost wages, as a result of the defendant’s failure to maintain a reasonably safe premises.
Proving a slip and fall accident claim can be difficult. If you are pursuing compensation for a soft-tissue injury, for example, you won’t have x-rays or hard evidence to prove your injury. These cases often need attorneys to collect and present compelling evidence for them to succeed. This evidence may include photographs of the slip and fall hazard, surveillance footage of the accident, interviews with eyewitnesses who saw the fall, and testimony from premises liability experts.