Lessons from the December 2022 Colorado Cold Wave
Colorado area Winters are known for both their cold and extreme conditions. If you have been injured in a winter related accident, the experienced Golden personal injury attorneys at The Frickey Law Firm can help you pursue compensation.
Accidents that occur in the winter can have their own attendant circumstances. No matter what, someone else owes you the duty of care if the circumstances call for it. Winter conditions are not usually a valid excuse for someone else’s actions when they fell short of the duty of care that they owed you.
Take the legal initiative in your case by scheduling a free initial consultation with the Golden personal injury attorneys at The Frickey Law Firm by calling us at 303-237-7373. We can determine who was responsible for your accident and work to hold them accountable for what they did through a personal injury claim.
In December 2022, there was an extreme winter event that affected the Denver area and large parts of Colorado. In Denver, the temperature dropped to as low as -24° Fahrenheit, and the area was blanketed with heavy snow cover. The power grid failed in numerous areas of the state, placing residents in extreme danger. In total, six people died during this winter event, although there is no reliable total for the number of injuries.
When extreme winter events happen, and people are injured, they may turn to negligent parties to recover compensation in a personal injury claim or lawsuit. Here are some lessons that can be learned and applied to cases that involve deep freezes and blizzards.
Employers Can Potentially Be Sued Under Rare Circumstances
When a worker is injured on the job, they typically cannot sue their employer in a personal injury lawsuit. Colorado law makes it very clear that workers’ compensation is normally the exclusive remedy against your employer. However, if a 3rd party caused your injury, you may have an additional claim against that 3rd party.
Premises Owners Owe You Certain Duties
The fact that a winter event was extreme does not mean that a property owner can take their time in dealing with the aftereffects. Although the severity of the storm may be factored in and determining what was a reasonable amount of time for a property owner to clear snow and ice, they cannot simply point to an extreme storm and state that they acted reasonably because of it.
Further, landlords also owe certain duties to tenants to prepare ahead of time for severe weather events, regardless of whether they were anticipated. For example, a landlord must maintain the heating system and pipes in reasonable condition. If they have failed in a winter storm because the landlord has not taken the appropriate measures, you may be able to recover compensation for injuries in a lawsuit.
You May Be Able to Sue “Non-Traditional” Defendants
In many personal injury cases, plaintiffs often limit their lawsuit to the defendant who they directly believed caused their injuries. However, in a cold freeze, you may be able to broaden the scope of potential defendants because others may have played a role in the accident. For example, if poor lighting or a power outage was partially to blame for what happened, you may be able to sue the electric company for their own failure to maintain their wires and systems.
Acts of God Are Getting to Be a More Difficult Defense
In very rare cases, personal injury defendants may try to use the so-called “Act of God” defense. It may be used when an extreme event was the sole cause of the accident, and there was no human negligence involved. However, given the increasing frequency of extremely harsh winter conditions, it may be more difficult to use this particular defense. The state’s extreme winter events have become more foreseeable, and people and businesses need to take the appropriate precautions ahead of time. Further, any element of human negligence can negate the use of this defense.
Contact a Golden Personal Injury Law Firm
Let the Golden personal injury lawyers at The Frickey Law Firm handle the details of your case as you seek compensation for your injuries. Schedule a free initial consultation with a Golden personal injury lawyer by visiting our website or by calling us today at 303-237-7373. The initial call is free, and you pay us nothing unless you win. Lawyer up!
Attorney Janet Frickey wants to do the right thing. An impassioned litigator and client advocate for more than 40 years, Ms. Frickey is the owner and managing attorney of The Frickey Law Firm who focuses in workers’ compensation and personal injury. Learn more here.