Gas Station and Convenience Store Liability in Denver: Slip Hazards and Security Issues

Ever been there? You’re grabbing coffee and gas before work, rushing because you’re already running late. You walk into the convenience store, and suddenly you’re flat on your back because someone spilled a Slurpee an hour ago and nobody bothered to clean it up. Or maybe you’re pumping gas late at night when someone approaches you demanding your wallet, and the store’s security cameras haven’t worked in months.

Sound familiar? If you’ve spent any time in Denver, you’ve probably been in situations like these. Gas stations and convenience stores are everywhere in our city – from the busy intersections downtown to the suburban strips in Lakewood and Aurora. And unfortunately, they’re also hotspots for accidents and crimes that could’ve been prevented if the owners had done their job properly.

Here’s the thing that really gets me: most people don’t realize they have rights when they get hurt at these places. They think accidents just happen, or that crime is inevitable. But the truth is, store owners have a legal responsibility to keep their customers safe. When they don’t live up to that responsibility, they can be held accountable.

I’ve seen too many people walk away from situations where they deserved compensation, simply because they didn’t know better. That’s why I want to break down everything you need to know about gas station and convenience store liability in Denver. We’ll talk about the most common hazards, what your rights are, and how to protect yourself both before and after something happens.

The Reality of Gas Station and Convenience Store Accidents in Denver

Let me start with some straight talk about what’s actually happening out there. Gas stations and convenience stores might seem like simple, low-risk places, but the numbers tell a different story. These businesses see thousands of customers every week, operate 24/7, handle cash transactions, and often have minimal staffing. It’s a recipe for problems.

In my experience talking to people around Denver, slip and fall accidents at these locations are incredibly common. I’m talking about everything from spilled drinks that create slick surfaces to ice that doesn’t get cleared from walkways during our brutal Colorado winters. Then there’s the security side – these stores are unfortunately prime targets for robberies, assaults, and other crimes, especially during late-night hours.

What makes this even more frustrating is that most of these incidents are totally preventable. We’re not talking about freak accidents or unavoidable crimes. We’re talking about situations where basic safety measures and reasonable security precautions could’ve prevented someone from getting hurt.

The Denver metro area has hundreds of gas stations and convenience stores, from the big chains like 7-Eleven and Circle K to independent operators. Each one of them has the same basic legal duties to their customers, but how well they actually meet those duties varies wildly.

Why These Businesses Are Particularly Risky

Ever wonder why gas stations and convenience stores seem to have more accidents? Think about what makes them unique:

High Traffic Volume: These places see constant foot traffic from all kinds of people – tired commuters, families with kids, elderly customers, people in a hurry. With that many people coming and going, spills and hazards are bound to happen.

Lots of Hazard Sources: You’ve got gas pumps, ice machines, Slurpee stations, coffee dispensers, and food prep areas. Each one creates different types of slip and fall risks.

Limited Staffing: Most of these stores operate with skeleton crews, especially during overnight shifts. One person can’t be everywhere at once, monitoring for hazards and cleaning up spills immediately.

Cash Business Model: Unfortunately, the fact that these businesses handle a lot of cash transactions makes them attractive targets for criminals.

Extended Hours: Many operate 24/7, including during high-crime hours when visibility is poor and fewer people are around.

Outdoor Elements: Gas pumps are outside, which means dealing with weather-related hazards like ice, snow, and wet surfaces that can be tracked inside.

All these things together create what lawyers call “premises liability” situations – times when property owners can be held legally responsible for injuries that happen on their property.

Understanding Premises Liability Law in Colorado

Before we get into the specific hazards, let’s talk about the legal rules that guide these situations. Colorado follows what’s called “premises liability” law, which basically means that property owners and operators have a legal duty to keep their places reasonably safe for customers.

Now, I’m not going to bore you with a bunch of legal jargon, but you need to understand the basics because it affects your rights if something happens to you.

The Three Categories of Visitors

Under Colorado law, your legal status when you enter a property determines what level of care the owner owes you. There are three categories:

Invitees (that’s you when you’re shopping): Property owners owe invitees the highest duty of care. They must inspect the property for hazards, fix dangerous conditions, and warn customers about risks they can’t immediately fix.

Licensees (social guests): Property owners must warn licensees about known dangers but don’t have to actively inspect for problems.

Trespassers: Property owners generally don’t owe trespassers any duty of care, except in special circumstances.

When you walk into a gas station or convenience store as a customer, you’re an invitee. That means the store owner has a legal obligation to:

• Regularly check the property for dangerous conditions
• Fix hazards in a reasonable amount of time
• Warn customers about dangers that can’t be immediately fixed
• Use reasonable care to keep the property safe

What “Reasonable Care” Actually Means

Here’s where it gets tricky. The law doesn’t require store owners to prevent every possible accident or crime. They just have to act “reasonably” under the circumstances. But what does that mean in real life?

Colorado courts look at several factors:

Foreseeability: Could the store owner have reasonably predicted this type of accident or crime? For example, if there have been several robberies in the area, it’s pretty clear that more might occur.

Industry Standards: What do similar businesses typically do to prevent these problems? If most gas stations in Denver have security cameras, a store without them might be falling short of reasonable care.

Cost vs. Risk: Courts balance the cost of safety measures against the risk they’re designed to prevent. Installing better lighting is relatively inexpensive compared to the risk of nighttime crimes.

Notice: Did the store owner know or should they have known about the dangerous condition? A spill that’s been on the floor for five minutes is different from one that’s been there for two hours.

This is where having an experienced attorney becomes really important. The McCormick & Murphy team has been handling these types of cases for over 25 years, and they understand how to build a strong case around these legal ideas.

The Burden of Proof

If you’re injured at a gas station or convenience store, you’ll need to prove several things to win a legal case:

1. The store owner owed you a duty of care (usually easy to prove if you were a customer)
2. They broke that duty by failing to keep things reasonably safe
3. Their failure caused your injury
4. You suffered actual damages (medical bills, lost wages, pain and suffering)

This might sound straightforward, but proving these things often requires investigation, expert testimony, and a good understanding of premises liability law.

Common Slip and Fall Hazards at Gas Stations and Convenience Stores

Now let’s get into the nitty-gritty of what actually causes people to get hurt at these places. I’m going to walk you through the most common hazards I’ve seen, because understanding these risks can help you avoid accidents and recognize when a store owner has been careless.

Spilled Liquids and Food Items

This is probably the number one cause of slip and fall accidents at convenience stores. Think about all the liquid-dispensing equipment in these places:

Slurpee and Fountain Drink Stations: Kids (and let’s be honest, adults too) spill these sugary drinks all the time. When they dry, they create incredibly slippery surfaces that are almost invisible.

Coffee Stations: Hot coffee spills are particularly dangerous because they create both a slip hazard and a burn risk. I’ve seen cases where customers slipped on spilled coffee and ended up with both broken bones and severe burns.

Ice Machines: Water from ice machines creates slip hazards, especially when the drainage isn’t working properly or when customers track melted ice throughout the store.

Milk and Dairy Coolers: When customers grab milk jugs or other dairy products, condensation and occasional leaks create slippery spots on the floor.

Food Preparation Areas: Many convenience stores now have hot food counters, and grease and food spills from these areas can create dangerous walking surfaces.

The key legal issue with spilled liquids is notice. How long was the spill on the floor? Did employees know about it? Should they have known about it based on their inspection procedures?

Store owners can’t be everywhere at once, but they do have a responsibility to:

• Conduct regular floor inspections (many stores have logs showing hourly safety checks)
• Clean up spills promptly when discovered
• Place warning signs around wet areas
• Maintain equipment properly to prevent leaks and overflows

Weather-Related Hazards

Denver’s weather creates unique challenges for gas station and convenience store owners. Our winters can be brutal, and the shift between seasons brings its own problems.

Ice and Snow Accumulation: This is huge in Colorado. Store owners have a duty to remove ice and snow from walkways, parking areas, and around gas pumps within a reasonable time after storms. “Reasonable time” depends on things like how bad the storm was, the time of day, and local weather conditions.

Wet Floors from Tracked-in Precipitation: During rain and snow, customers inevitably track moisture into stores. Smart store owners put down mats and post wet floor signs, but many don’t do enough.

Inadequate Lighting During Winter Months: Shorter daylight hours mean customers are navigating parking lots and walkways in darker conditions. Poor lighting makes it harder to see ice, puddles, and other hazards.

Improper Drainage: Some gas stations have drainage problems that create standing water or ice dams. These are particularly dangerous because they’re not always obvious to customers.

I remember talking to someone who slipped on black ice outside a gas station in Thornton. The storm had ended twelve hours earlier, and every other business on the block had cleared their walkways, but this station hadn’t touched theirs. That’s a clear case of carelessness.

Structural and Maintenance Issues

Gas stations and convenience stores take a beating from constant use, and when owners don’t keep up with maintenance, customers get hurt.

Cracked or Uneven Pavement: Parking lots and walkways develop cracks and potholes over time. These create trip hazards, especially in low-light conditions.

Broken or Missing Handrails: Steps and ramps should have proper handrails, and they need to be maintained. I’ve seen cases where handrails pulled away from walls because they weren’t properly anchored.

Defective Flooring: Loose tiles, torn carpeting, and damaged floor mats all create trip hazards inside stores.

Poor Lighting: Not enough lighting makes it harder for customers to see hazards and for store employees to spot problems.

Broken Automatic Doors: When automatic doors malfunction, they can strike customers or create unexpected barriers.

Damaged Curbs and Wheel Stops: The concrete barriers in parking spaces (wheel stops) and curbs around the property can become trip hazards when they’re broken or displaced.

These types of problems develop gradually, which means store owners usually have plenty of notice that repairs are needed. When they put off maintenance and someone gets hurt, they’re likely to be held responsible.

Product-Related Hazards

The products sold in convenience stores can create their own slip and fall risks.

Leaking Containers: Milk jugs, juice bottles, and other containers sometimes leak, creating slippery spots that aren’t immediately obvious.

Broken Glass: When glass containers break, they create both slip hazards and cut risks. Store owners need to clean up broken glass immediately and thoroughly.

Merchandise in Aisles: Boxes, displays, and restocking activities can create obstacles in walkways. There should always be clear paths for customers to walk safely.

Overloaded Shelves: When shelves are overloaded, products can fall and create trip hazards or hit customers.

The legal standard here is whether the store owner knew or should have known about the hazard. A broken jar that’s been on the floor for ten minutes presents a different legal situation than one that just fell as a customer was walking by.

Gas Pump Area Hazards

The gas pump area presents unique risks because it combines automotive fluids, electrical equipment, and pedestrian traffic.

Gasoline Spills: Small gas spills happen all the time, but larger spills create serious slip hazards. Gas stations should have absorbent materials on hand and procedures for cleaning up spills quickly.

Oil and Automotive Fluid Leaks: Cars leak oil, transmission fluid, and other slippery substances. While store owners can’t prevent customer vehicles from leaking, they do have a responsibility to clean up hazardous spills in reasonable timeframes.

Hose and Cord Trip Hazards: Gas pump hoses and electrical cords can create trip hazards when they’re not properly managed or when equipment is damaged.

Uneven Surfaces Around Pumps: The pavement around gas pumps takes extra wear from heavy vehicles and needs more frequent maintenance.

Ice Formation: Gas pumps are outside and often in windy areas where ice can form quickly during winter weather.

Security Issues and Inadequate Security Claims

Now let’s talk about the elephant in the room: crime at gas stations and convenience stores. These businesses are unfortunately common targets for robberies, assaults, and other violent crimes. While store owners can’t prevent all crime, they do have legal obligations to provide reasonable security for their customers.

The Legal Rules for Security Claims

Security liability cases are more complex than slip and fall cases because they involve criminal acts by other people. Colorado courts recognize that property owners can be held responsible for crimes committed on their property, but only under specific circumstances.

The key legal idea is “foreseeability.” If crimes are foreseeable based on the location, prior incidents, or other factors, then property owners have a duty to take reasonable security precautions.

Courts look at several factors to figure out if a crime was foreseeable:

Crime Statistics for the Area: High-crime neighborhoods mean business owners have a higher duty of care.

Prior Incidents on the Property: Previous robberies, assaults, or other crimes at the same spot are strong proof that future crimes are foreseeable.

Time of Day: Late-night and early-morning hours are statistically higher-risk times.

Physical Characteristics: Isolated locations, poor visibility from the street, and inadequate lighting all increase crime risk.

Type of Business: Cash-heavy businesses like gas stations and convenience stores are naturally more attractive to criminals.

Common Security Problems

Based on what I’ve seen around Denver, here are the most common security problems at gas stations and convenience stores:

Not Enough Lighting: This is probably the most widespread issue. Many stores have burned-out lights in their parking lots or around gas pumps, creating dark areas where crimes can happen undetected.

Broken Security Cameras: Some stores have camera systems that don’t work or don’t cover key areas like the gas pumps or parking lot. Others have cameras that are so old or poorly maintained that the footage is useless.

Not Enough Staff: Stores that operate with only one employee, especially during overnight shifts, may not be able to provide enough security for customers.

Poor Cash Management: Stores that keep large amounts of cash in registers or don’t use time-delay safes may be creating incentives for robbery.

Blocked Sight Lines: Advertising signs, product displays, and other things can block employees’ view of the gas pump area or parking lot.

No Emergency Procedures: Employees should be trained on how to respond to crimes and how to summon help quickly.

Not Enough Physical Security: Some stores don’t have proper locks, security glass, or other physical barriers that could deter crime or protect employees and customers.

Types of Crimes and Liability Issues

Different types of crimes raise different legal issues for store owners:

Robbery: When customers are robbed on store property, the key questions are whether the robbery was foreseeable and whether reasonable security measures could have prevented it.

Assault: Physical attacks on customers can result in responsibility if the store owner should have anticipated the risk and failed to provide enough security.

Vehicle Break-ins: Cars parked at gas stations are sometimes targeted by thieves. Store owners may have responsibility if they failed to provide reasonable lighting or security in parking areas.

Sexual Assault: Unfortunately, poorly lit and isolated gas stations can become locations for sexual assaults, particularly in restroom areas or around the back of buildings.

Carjacking: The combination of customers with vehicles and cash makes gas stations potential carjacking locations.

For each type of crime, the legal analysis focuses on whether reasonable security measures could have prevented or deterred the criminal activity.

Industry Security Standards

Colorado courts often look at industry standards when figuring out whether a business provided reasonable security. For gas stations and convenience stores, common security measures include:

Lighting Standards: The industry generally recommends minimum lighting levels for different areas (parking lots, walkways, building perimeters).

Camera Coverage: Most modern stores have complete camera systems covering both interior and exterior areas.

Cash Management: Industry best practices include limiting cash in registers, using time-delay safes, and posting signs about limited cash availability.

Employee Training: Staff should be trained to recognize suspicious behavior and respond appropriately to security threats.

Physical Design: Store layouts should maximize visibility and eliminate blind spots where criminal activity could occur undetected.

Emergency Communication: Stores should have reliable ways for employees to summon help quickly (panic buttons, direct police lines, etc.).

When a store falls significantly below these industry standards, it’s easier to prove that they failed to provide reasonable security.

The Role of Prior Notice

One of the most important factors in security liability cases is whether the store owner had notice that crimes were likely to occur. This notice can come from several sources:

Prior Crimes at the Location: Previous robberies, assaults, or other crimes at the same store create clear notice that security improvements are needed.

Area Crime Statistics: High crime rates in the surrounding neighborhood put store owners on notice that they need enhanced security measures.

Police Reports and Warnings: If police have advised the store about security concerns or crime trends in the area, this creates notice.

Employee Reports: If employees have reported suspicious activity, attempted crimes, or security concerns, the store owner has notice of potential problems.

Customer Complaints: Complaints about feeling unsafe or observing suspicious activity can count as notice.

The more notice a store owner has about security risks, the greater their duty to put in place reasonable protective measures.

Real-World Examples from Denver Area Cases

Let me share some examples of actual situations I’ve heard about around Denver. I’m not going to name specific businesses, but these cases show how premises liability law works in practice.

Case Study 1: The Slippery Slurpee Situation

A customer walked into a convenience store in Aurora around 2 PM on a busy Saturday. Near the Slurpee machine, she slipped on a large puddle of blue raspberry Slurpee that had obviously been on the floor for a while – it was sticky and had footprints tracked through it.

The customer broke her wrist in the fall and needed surgery. When her attorney investigated, they found that the store’s safety log showed the last floor inspection was at 10 AM, four hours earlier. The store had been busy all day, and multiple employees had walked past the spill without cleaning it up.

The store’s insurance company initially denied the claim, arguing that spills happen and customers need to watch where they’re walking. But the evidence showed clear carelessness: the spill had been there for hours, employees had constructive notice (they should have seen it during normal operations), and the store had failed to follow its own safety procedures.

The case settled for a significant amount that covered the customer’s medical bills, lost wages, and pain and suffering.

Key Legal Lessons: Store owners can’t ignore their own safety procedures. When spills are left unattended for hours in high-traffic areas, it’s strong evidence of carelessness.

Case Study 2: The Ice Storm Incident

During a February ice storm, a customer slipped and fell on ice outside a gas station in Westminster. The storm had ended the night before, and by the time of the accident (around 10 AM), most other businesses in the area had salted or cleared their walkways.

The customer suffered a serious back injury that required months of physical therapy. Investigation showed that the gas station had salt and ice-melting equipment on site, but the overnight employee hadn’t used it. The day shift employee arrived at 6 AM but didn’t address the ice problem either.

The store argued that the storm was severe and that they couldn’t be expected to keep up with rapidly changing conditions. However, weather records showed the storm had ended by midnight, giving them over ten hours to address the ice problem. Plus, the fact that neighboring businesses had successfully cleared their walkways undermined the store’s defense.

This case also settled favorably for the injured customer.

Key Legal Lessons: Colorado businesses are expected to deal with winter weather conditions. Having the right equipment but failing to use it can be stronger evidence of carelessness than not having equipment at all.

Case Study 3: The Poorly Lit Parking Lot Robbery

A customer was robbed at gunpoint while pumping gas at a station in north Denver around 11 PM. The parking lot lighting was poor – several light fixtures were burned out, and the customer was in a dark area not visible from the store.

Investigation revealed that this particular station had been robbed three times in the previous year, always in the same poorly lit area. The store owner had been advised by police to improve lighting and had received several customer complaints about feeling unsafe, but had done nothing.

The robber was never caught, but the customer sued the gas station for not having enough security. The case focused on whether the store owner should have anticipated the risk and taken reasonable steps to prevent it.

The evidence of prior crimes, police warnings, and customer complaints created a strong case that the robbery was foreseeable. The store’s failure to address obvious lighting problems despite clear notice of security risks supported a finding of carelessness.

Key Legal Lessons: Prior crimes and official warnings create a duty to improve security. Simple measures like maintaining proper lighting can be cost-effective ways to reduce responsibility.

Case Study 4: The Broken Handrail Fall

An elderly customer was leaving a convenience store in Lakewood when the handrail on the entrance steps pulled away from the wall, causing her to fall down the concrete steps. She suffered a broken hip that required surgery and extensive rehabilitation.

Investigation showed that the handrail had been loose for months. Several customers had mentioned it to employees, and the store’s maintenance log showed that a repair had been scheduled but never completed. The handrail was only attached with a few screws into drywall rather than being properly anchored to the wall structure.

The store’s insurance company tried to argue that the customer should have been more careful and that elderly people are naturally more prone to falls. However, the evidence of long-standing notice and deferred maintenance made this a clear responsibility case.

Key Legal Lessons: When customers report safety problems and stores fail to address them promptly, it creates strong evidence of carelessness. Age and physical condition don’t excuse property owners from keeping things safe.

Your Rights as a Customer in Denver

Now that we’ve covered the types of problems that occur, let’s talk about what rights you have as a customer when you’re injured at a gas station or convenience store in Denver.

Immediate Rights After an Incident

If you’re injured on store property, you have several immediate rights that you should be aware of:

Right to Medical Attention: Store employees should help you get medical help if you’re injured. This might mean calling 911, helping you to a safe spot, or letting you use their phone.

Right to Documentation: You have the right to have the incident written down. This includes asking employees to create an incident report and requesting a copy for your records.

Right to Preserve Evidence: You can ask that the scene be kept as is (within reason) until you can document it or have it photographed. You can also ask for contact information for witnesses.

Right to Remain Silent: While you should report what happened, you don’t have to give detailed statements to the store’s insurance company right away. It’s often better to speak with an attorney first.

Right to Refuse Unreasonable Requests: Store employees might ask you to sign documents or make statements. You’re not required to do this, and you should be very careful about signing anything.

The Claims Process

If you decide to pursue a claim for your injuries, here’s what you can generally expect:

Initial Claim Filing: Your attorney will typically start by filing a claim with the store’s insurance company. This involves providing basic information about the incident and your injuries.

Investigation Phase: The insurance company will investigate the claim, which might include interviewing witnesses, reviewing security footage, and checking out the scene. Your attorney will do their own investigation at the same time.

Medical Documentation: You’ll need to provide medical records and bills related to your treatment. This is why it’s important to seek medical attention promptly and follow through with recommended treatment.

Demand and Negotiation: Once your medical treatment is complete (or you’ve reached maximum medical improvement), your attorney will typically make a settlement demand. This starts the negotiation process.

Lawsuit if Necessary: If settlement talks aren’t successful, your attorney might file a lawsuit. Most cases still settle even after a lawsuit is filed, but some go to trial.

Types of Compensation Available

Colorado law allows injured customers to get back several types of damages:

Economic Damages: These are your out-of-pocket losses, including medical bills, lost wages, and other financial impacts of the injury.

Non-Economic Damages: These make up for pain and suffering, loss of enjoyment of life, and other non-financial impacts of the injury.

Property Damage: If your personal property was damaged in the incident (like torn clothing or a broken phone), you can get these costs back.

Future Damages: For serious injuries, you might be entitled to money for future medical care, lost earning ability, and ongoing pain and suffering.

Colorado doesn’t cap damages in most premises liability cases, which means compensation is based on the actual impact of the injury on your life.

Statute of Limitations

This is really important: Colorado law gives you a limited time to file a lawsuit for premises liability claims. The general rule is three years from the date of injury, but there can be exceptions and complications.

Don’t wait to talk to an attorney if you think you might have a claim. Evidence disappears, witnesses move away, and security footage gets recorded over. The sooner you act, the better your chances of building a strong case.

Insurance Company Tactics to Watch Out For

Store insurance companies are businesses, and their goal is to pay as little as possible on claims. Here are some tactics you should be aware of:

Quick Settlement Offers: Insurance companies sometimes make low settlement offers very quickly, before you know the full extent of your injuries. These offers are almost always too small.

Recorded Statements: Insurance adjusters will want to take recorded statements from you. These statements can be used against you later, and you should talk to an attorney before giving one.

Medical Records Requests: Insurance companies often ask for extensive medical records, including records from before the incident. You should be careful about what you allow them to get.

Surveillance: In some cases, insurance companies hire investigators to watch claimants. This is legal, but it’s something to be aware of.

Blame Shifting: Insurance companies will look for ways to blame you for the accident. They might argue that you were distracted, intoxicated, or not paying attention.

Having an experienced attorney levels the playing field and helps protect you from these tactics.

How to Protect Yourself: Prevention and Response Strategies

While you can’t eliminate every risk, there are practical steps you can take to protect yourself when visiting gas stations and convenience stores in Denver.

Before You Go

Choose Your Locations Wisely: Some gas stations and convenience stores are simply safer than others. Well-lit places with good visibility from the street, enough staff, and proper maintenance are better choices, especially during evening hours.

Time Your Visits: If possible, avoid very late night or early morning hours when staffing is minimal and crime rates are higher. The hours between 10 PM and 6 AM tend to be the riskiest.

Check Weather Conditions: During winter weather, be extra cautious about ice and snow. If a store hasn’t cleared their walkways after other businesses have, consider going somewhere else.

Bring Someone With You: When possible, especially during late hours, bring a friend or family member. There’s safety in numbers.

While You’re There

Stay Alert: Pay attention to your surroundings both inside and outside the store. Look for spills, ice, broken pavement, and other hazards as you walk.

Use Good Lighting: Park and walk in well-lit areas. If the lighting is poor, consider going to a different location.

Watch for Spills: Be especially careful around drink dispensers, ice machines, and coffee stations where spills are common.

Report Hazards: If you see a dangerous condition, report it to store employees immediately. This helps protect other customers and creates documentation if someone does get hurt.

Trust Your Instincts: If something doesn’t feel right about the location or the people around, trust your gut and leave.

Keep Your Phone Handy: Make sure your phone is charged and easily accessible in case you need to call for help.

Gas Pump Safety

Choose Your Pump Carefully: Use pumps that are well-lit and visible from the store. Avoid pumps that are isolated or hidden from view.

Stay Alert While Pumping: Don’t get distracted by your phone or other activities while pumping gas. Keep your head up and be aware of who’s around you.

Lock Your Car: Always lock your car while pumping gas, even if you’re standing right next to it.

Have Your Payment Ready: Know how you’re going to pay before you get out of your car. This minimizes the time you spend at the pump.

Watch for Spills: Be careful of gas, oil, and other automotive fluids that might have spilled around the pump area.

Inside the Store

Watch Your Step: Pay extra attention to floor conditions, especially near drink dispensers and in high-traffic areas.

Use Handrails: If there are handrails on steps or ramps, use them, but test them first to make sure they’re secure.

Be Aware of Other Customers: Stay alert to the behavior of other customers. If someone seems agitated, intoxicated, or threatening, keep your distance and consider leaving.

Don’t Display Cash: Keep your money and valuables secure. Don’t flash large amounts of cash or expensive items.

Plan Your Exit: Know where the exits are and keep your path to them clear.

If Something Goes Wrong

Despite your best efforts, accidents and crimes can still happen. Here’s what to do if you find yourself in a bad situation:

For Slip and Fall Accidents:

• Don’t try to get up immediately if you’re seriously hurt
• Ask someone to call 911 if you need medical attention
• Take photos of the hazard that caused your fall, if possible
• Get contact information from witnesses
• Report the incident to store management and ask them to create an incident report
• Get a copy of the incident report if possible
• Seek medical attention even if you don’t think you’re seriously hurt
• Keep all medical records and receipts

For Security Incidents:

• Your safety is the top priority – comply with criminal demands if necessary
• Call 911 as soon as it’s safe to do so
• Try to remember details about the perpetrator, but don’t put yourself at risk trying to observe them
• Ask store employees to preserve security footage
• Get contact information from witnesses
• Report the incident to store management
• Consider seeking counseling if you’re traumatized by the experience

Documentation Is Key

Whether you’re dealing with a slip and fall or a security incident, documentation is absolutely critical to protecting your rights:

Take Photos: If you’re able, take photos of the hazard that caused your injury, your injuries, and the general scene. Modern cell phone cameras are good enough for this purpose.

Get Witness Information: Ask witnesses for their contact information. Store employees might be witnesses, but also look for customers or other people who saw what happened.

Medical Documentation: Seek medical attention promptly and keep all records. Even if you think you’re not seriously hurt, some injuries don’t show up immediately.

Keep a Journal: Write down everything you remember about the incident while it’s fresh in your memory. Also document how your injuries affect your daily life.

Save Everything: Keep receipts for medical care, transportation to medical appointments, medications, and any other expenses related to your injury.

Working with Insurance Companies

Dealing with insurance companies after an incident at a gas station or convenience store can be frustrating and confusing. These companies are businesses with their own interests, and those interests don’t always align with yours. Here’s what you need to know about the process.

Understanding the Players

When you’re injured at a commercial property, you’ll typically be dealing with the business’s liability insurance company, not your own insurance. These companies handle thousands of claims and have experienced adjusters and attorneys working to minimize payouts.

The Store’s Insurance Company: This is the main company you’ll be dealing with. They represent the store’s interests, not yours, even though they might seem helpful and friendly.

Your Own Insurance: Depending on your coverage, your health insurance might cover some of your medical bills initially. Your auto insurance might be relevant if the incident occurred in the parking lot.

Third-Party Administrators: Some insurance companies use other companies to handle claims. These companies act on behalf of the insurer but might have different procedures and priorities.

The Initial Contact

Insurance companies typically contact claimants within a few days of an incident being reported. Here’s what to expect and how to handle it:

The First Call: The adjuster will seem sympathetic and helpful. They’ll ask for your version of what happened and might ask for a recorded statement. Be polite but cautious.

What to Share: Give basic factual information about what happened, but avoid guessing about causes or fault. Stick to what you know for certain.

What Not to Share: Don’t guess about things you’re not sure about. Don’t admit fault or blame. Don’t discuss the full extent of your injuries if you’re still being evaluated.

Recorded Statements: You’re not required to give a recorded statement immediately. It’s often better to speak with an attorney first, especially if your injuries are serious.

Common Insurance Company Strategies

Insurance companies use various strategies to minimize claim payouts. Being aware of these tactics can help you protect your interests:

Quick Settlement Offers: Insurance companies sometimes make settlement offers within days of an incident, before you know how seriously you’re injured. These offers are almost always too low.

Minimizing Injuries: Adjusters might suggest that your injuries aren’t as serious as you claim, or that they’re related to pre-existing conditions rather than the incident.

Questioning Medical Treatment: They might argue that you’re getting too much treatment, seeing the wrong doctors, or that certain treatments aren’t necessary.

Delaying Tactics: Some insurance companies drag out the claims process, hoping you’ll get frustrated and accept a low settlement.

Surveillance: In some cases, insurance companies hire investigators to watch claimants, looking for proof that contradicts their injury claims.

Medical Records and Privacy

Insurance companies will want access to your medical records, but you should be careful about what you authorize:

Relevant Records: They’re entitled to records related to your injury and treatment, but not necessarily your entire medical history.

Pre-Existing Conditions: They’ll look for proof of pre-existing conditions that might have contributed to your injury or made your recovery harder.

Authorization Forms: Be careful about signing broad medical authorization forms. These sometimes give insurance companies access to more records than they’re entitled to.

Mental Health Records: Medical authorizations sometimes include mental health records, which are generally not relevant to physical injury claims.

Your attorney can help you understand what records the insurance company is entitled to and help you protect your privacy.

Settlement Negotiations

Most premises liability cases settle without going to trial, but the negotiation process can be complex:

Initial Demands: Your attorney will typically make an initial settlement demand once your medical treatment is complete. This demand will be higher than what you expect to ultimately receive.

Back and Forth: The insurance company will make a counteroffer, usually much lower than your demand. This starts a negotiation process that can take weeks or months.

Supporting Documentation: Your attorney will provide documentation supporting your claim, including medical records, bills, wage loss statements, and expert opinions if necessary.

Final Negotiations: As negotiations continue, the offers typically get closer together. Your attorney will advise you on whether offers are reasonable and whether you should accept or continue negotiating.

When Settlement Isn’t Possible

Sometimes settlement negotiations break down, and it becomes necessary to file a lawsuit:

Statute of Limitations: Remember that Colorado has a three-year statute of limitations for most premises liability claims. Your attorney will file suit before this deadline if necessary.

Discovery Process: Once a lawsuit is filed, both sides can demand documents, take depositions, and gather evidence through the legal discovery process.

Continued Settlement Efforts: Most cases still settle even after a lawsuit is filed. The discovery process often reveals information that helps both sides evaluate the case more accurately.

Trial: If the case doesn’t settle, it will go to trial where a jury will decide the outcome.

When to Contact an Attorney

One of the most common questions I hear is: “Do I really need an attorney for this?” The answer depends on several factors, but there are definitely situations where trying to handle a claim yourself is a mistake.

Red Flag Situations Where You Definitely Need an Attorney

Serious Injuries: If you’ve suffered significant injuries that required hospitalization, surgery, or extensive medical treatment, you need professional legal representation. The stakes are too high to handle this yourself.

Disputed Responsibility: If the store or their insurance company is claiming that the accident was your fault, you need an attorney to investigate the facts and build a strong case.

Multiple Parties: If multiple parties might be responsible (the store, a maintenance company, a manufacturer, etc.), the legal issues become complex quickly.

Insurance Company Bad Faith: If the insurance company is refusing to investigate your claim properly, delaying unreasonably, or making unreasonably low offers, you may be dealing with bad faith practices.

Long-Term or Permanent Injuries: Injuries that will affect you for months or years require careful calculation of future damages. This isn’t something you should try to figure out on your own.

Lost Income: If your injuries have caused you to miss significant work or have affected your ability to earn income, proper documentation and calculation of these damages requires legal expertise.

Complex Medical Issues: If your injuries are complex, require ongoing treatment, or involve disputes about medical necessity, you need an attorney who understands these issues.

Situations Where You Might Handle It Yourself

Minor Injuries with Clear Responsibility: If you suffered minor injuries (like small cuts or bruises), the store clearly accepts responsibility, and you’re confident about the value of your claim, you might be able to handle it yourself.

Simple Property Damage: If you only have property damage (like torn clothing or a broken phone) with no personal injury, the claim might be simple enough to handle without an attorney.

Quick Resolution: If the insurance company makes a reasonable offer quickly and you’re confident it covers all your damages, you might not need an attorney.

However, even in these situations, many attorneys offer free consultations, so it doesn’t hurt to get a professional opinion about the value of your claim.

The Value of Legal Experience

Experienced premises liability attorneys bring several advantages to your case:

Knowledge of the Law: Premises liability law is complex, and insurance companies know that unrepresented claimants often don’t understand their rights.

Investigation Resources: Attorneys have relationships with investigators, experts, and other professionals who can help build your case.

Medical Understanding: Experienced personal injury attorneys understand medical terms, treatment plans, and how to work with healthcare providers.

Negotiation Skills: Insurance adjusters negotiate claims every day. Having an experienced negotiator on your side levels the playing field.

Trial Experience: Even if your case settles, the insurance company’s evaluation will be affected by whether they think your attorney can win at trial.

Contingency Fee Arrangements: Most personal injury attorneys work on contingency, meaning you don’t pay attorney fees unless you get money. This aligns your attorney’s interests with yours.

What to Look for in an Attorney

If you decide you need legal help, here are some factors to consider:

Experience with Premises Liability: Make sure the attorney has specific experience with slip and fall cases and security liability claims.

Local Knowledge: Colorado law governs your case, and local attorneys understand state law and local court procedures.

Track Record: Look for attorneys with a history of successful results in cases similar to yours.

Resources: Make sure the law firm has the resources to properly investigate and pursue your case.

Communication: Choose an attorney who communicates clearly and keeps you informed about your case.

Fee Structure: Understand how they charge upfront. Most personal injury cases are handled on contingency, but make sure you understand what percentage the attorney takes and who pays for case expenses.

The McCormick & Murphy Advantage

McCormick & Murphy has been handling premises liability cases in Colorado for over 25 years. Kirk McCormick and Jay Murphy have the experience and resources to handle complex slip and fall and security liability cases.

What sets them apart:

Specialized Experience: They focus on personal injury and insurance bad faith cases, so they understand the tactics insurance companies use and how to counter them.

Proven Track Record: Over 60 years of combined experience with a history of successful results for their clients.

Contingency Fee Basis: They handle most cases on contingency, so you don’t pay attorney fees unless they get money for you.

Personal Attention: Unlike large firms that treat clients like numbers, McCormick & Murphy provides personal care and attention to each case.

Local Knowledge: They understand Colorado law and have relationships with local experts, investigators, and medical providers.

You can find their office at 1547 N Gaylord St UNIT 303, Denver, CO 80206, and they offer free consultations to discuss your case.

Questions to Ask During Your Consultation

When you meet with an attorney, come prepared with questions:

• How much experience do you have with cases like mine?
• What do you think my case is worth?
• How long do these cases typically take?
• What are the strengths and weaknesses of my case?
• How do you charge for your services?
• Who will actually be working on my case?
• How often will you update me on the progress?
• What do I need to do to help with my case?

Don’t be afraid to ask tough questions. A good attorney will give you honest answers and realistic expectations about your case.

The Investigation and Evidence Collection Process

When you’re dealing with a premises liability case, the strength of your claim often comes down to the evidence you can gather. Insurance companies and defense attorneys will look for any reason to deny or minimize your claim, so thorough investigation and evidence collection are super important.

Time-Sensitive Evidence

Some evidence disappears quickly if you don’t act fast:

Security Camera Footage: Most stores record over their security footage after 30-90 days. If cameras captured your accident, this footage needs to be saved immediately.

Witness Memories: People’s memories fade quickly. Witness statements taken days after an incident are more reliable than those taken weeks later.

Physical Conditions: Stores might fix dangerous conditions after an accident occurs. While this is good for future customers, it can get rid of proof of what caused your injury.

Weather Records: For weather-related accidents, official weather data can be important evidence, but it needs to be obtained while it’s still available.

Employee Work Schedules: Knowing which employees were working when your accident occurred can be important for figuring out who had notice of dangerous conditions.

This is why it’s so important to contact an attorney quickly after an incident. Experienced attorneys know how to send preservation letters to businesses, requiring them to save evidence that might be relevant to your case.

Types of Evidence in Premises Liability Cases

Incident Reports: Most businesses create incident reports when customers are injured. These reports can contain important admissions or facts, but stores sometimes try to limit what goes into them.

Maintenance Records: Documentation of when floors were mopped, when ice was cleared, when equipment was serviced, and when repairs were made can be key evidence.

Employee Training Records: Proof of what training employees received about safety procedures and hazard recognition can be important.

Prior Incident Reports: Previous accidents or complaints at the same location can show that the store had notice of dangerous conditions.

Inspection Logs: Many stores keep logs showing when safety inspections were done. Gaps in these logs or proof that inspections weren’t thorough can support carelessness claims.

Security Records: For security cases, proof of prior crimes, police reports, and security assessments can be important.

Photographs and Videos: Visual proof of the scene, the hazard that caused your injury, and your injuries themselves can be powerful evidence.

Medical Records: Complete medical documentation of your injuries, treatment, and prognosis is essential for proving damages.

Expert Testimony: In complex cases, experts in areas like premises security, slip resistance, or accident reconstruction might be necessary.

The Role of Expert Witnesses

In many premises liability cases, expert witnesses help explain technical issues to juries:

Premises Security Experts: These experts can testify about whether a business provided enough security based on industry standards and the specific risks at the location.

Slip Resistance Experts: These experts can test floor surfaces and explain why certain conditions create unreasonably slippery hazards.

Building Code Experts: When structural issues contribute to accidents, experts can testify about whether the property met applicable building codes and safety standards.

Economic Experts: For cases involving significant lost income or future damages, economists can calculate the financial impact of injuries.

Medical Experts: Sometimes additional medical testimony is needed to explain the extent of injuries or the need for future medical care.

Expert witnesses can be expensive, but they’re often necessary to prove complex cases. Experienced attorneys know which experts are most credible and effective.

Technical Evidence in Modern Cases

Technology plays an increasingly important role in premises liability cases:

Digital Surveillance Systems: Modern camera systems can provide high-quality footage, but they also raise technical questions about:

• Data storage and retrieval
• Image compression and quality
• Timestamp accuracy
• System reliability and maintenance

Lighting Analysis: Experts can measure lighting levels and compare them to industry standards, helping determine whether inadequate lighting contributed to accidents.

Weather Data: Official weather records can be super important in cases involving ice, snow, or other weather-related hazards.

Cell Phone Evidence: Smartphones can provide evidence about:

• Exact timing of incidents (call logs, text messages)
• Weather conditions (weather apps)
• Location data
• Photos and videos taken at the scene

Computer Modeling: Sophisticated computer programs can model accident scenarios and help juries understand complex cause-and-effect issues.

Challenges with Expert Evidence

Cost: Expert witnesses can be expensive, with fees ranging from hundreds to thousands of dollars per hour for investigation, report preparation, and testimony.

Reliability: Courts check expert testimony to make sure it’s based on reliable methods and principles.

Jury Understanding: Experts must be able to explain complex technical concepts in ways that ordinary jurors can understand.

Conflicting Opinions: Both sides often have experts, and juries must decide which opinions are more credible.

Cross-Examination: Expert witnesses face aggressive cross-examination designed to undermine their credibility and opinions.

The Importance of Early Expert Involvement

In many cases, experts should be involved early in the process:

Evidence Preservation: Experts can identify what evidence needs to be saved before it’s lost or destroyed.

Investigation Direction: Expert analysis can help focus investigation efforts on the most important issues.

Case Evaluation: Expert opinions help attorneys and clients evaluate the strength of cases and make informed decisions about settlement.

Discovery Strategy: Knowing what expert testimony will be available helps attorneys plan their discovery strategy.

This is another area where having an experienced attorney is valuable. Attorneys who regularly handle premises liability cases understand which experts are most effective and how to use expert testimony strategically.

Documenting Your Damages

Proof of your damages is just as important as proof of the store’s carelessness:

Medical Documentation: Keep all medical records, bills, and correspondence with healthcare providers. This includes emergency room visits, doctor appointments, physical therapy, medications, and medical equipment.

Employment Records: Document lost wages with pay stubs, employer statements, and tax returns. If your injuries affect your ability to work long-term, this becomes even more important.

Daily Impact Documentation: Keep a journal documenting how your injuries affect your daily activities, sleep, mood, and quality of life.

Photographic Evidence: Take photos of your injuries as they heal, and photograph any assistive devices, braces, or equipment you need to use.

Financial Records: Keep receipts for all expenses related to your injury, including transportation to medical appointments, over-the-counter medications, and modifications to your home if needed.

Activity Restrictions: Document activities you can no longer participate in or that have become difficult due to your injuries.

The more thoroughly you document your damages, the stronger your case will be during settlement negotiations or at trial.

Understanding Different Types of Damages

When you’re injured due to someone else’s carelessness, Colorado law allows you to get back different types of damages. Understanding these categories can help you appreciate the full value of your claim and make sure you’re not leaving money on the table.

Economic Damages (Special Damages)

These are the out-of-pocket costs and financial losses you can document with receipts and records:

Medical Expenses: This includes all costs related to your medical treatment:

• Emergency room visits
• Hospital stays
• Doctor visits and consultations
• Diagnostic tests (X-rays, MRIs, CT scans)
• Physical therapy and rehabilitation
• Medications and medical equipment
• Future medical care if your injuries require ongoing treatment

Lost Wages: If your injuries caused you to miss work, you can get back:

• Wages lost during recovery
• Sick time or vacation time you had to use
• Lost overtime opportunities
• Reduced earning ability if you can’t return to your previous job

Property Damage: Personal items damaged in the accident:

• Torn or damaged clothing
• Broken glasses or phones
• Damaged jewelry or other personal items

Transportation Costs: Expenses related to getting medical care:

• Mileage to medical appointments
• Parking fees at medical facilities
• Public transportation costs
• Taxi or rideshare costs if you can’t drive

Household Services: If your injuries prevent you from doing household tasks:

• Housekeeping services
• Lawn care
• Childcare costs
• Home modifications for accessibility

Non-Economic Damages (General Damages)

These make up for the non-financial impacts of your injury that can’t be calculated with receipts:

Pain and Suffering: This covers the physical pain and discomfort you’ve experienced and will continue to experience due to your injuries. It includes both the immediate pain from the injury and ongoing discomfort during recovery.

Mental Anguish: The emotional and psychological impact of your injury, including:

• Anxiety about your recovery
• Depression related to your limitations
• Fear of re-injury
• Embarrassment about your condition

Loss of Enjoyment of Life: Compensation for activities and pleasures you can no longer enjoy due to your injuries:

• Sports and recreational activities
• Hobbies and interests
• Social activities
• Travel and vacation activities

Loss of Companionship: In some cases, spouses can get damages for the impact of injuries on their relationship, including loss of companionship, affection, and intimacy.

Disfigurement and Scarring: If your injuries result in permanent scarring or disfigurement, you can be compensated for the impact on your appearance and self-esteem.

Calculating Non-Economic Damages

Unlike economic damages, there’s no formula for calculating pain and suffering. Insurance companies and courts consider factors like:

• The severity and nature of your injuries
• The length of your recovery period
• Whether you have permanent limitations or disabilities
• How the injuries affect your daily life and activities
• Your age and life expectancy
• The impact on your relationships and social life

Experienced attorneys understand how to present evidence that maximizes the value of non-economic damages. This might include testimony from family members, friends, and healthcare providers about how the injuries have affected your life.

Future Damages

For serious injuries, a significant portion of your damages might be related to future impacts:

Future Medical Care: If you’ll need ongoing treatment, this can be a major part of your damages:

• Future surgeries or procedures
• Long-term physical therapy
• Ongoing medications
• Medical equipment and assistive devices
• Home healthcare services

Future Lost Earning Ability: If your injuries affect your ability to work:

• Reduced earning ability in your current job
• Inability to pursue career advancement
• Need to change to a lower-paying job
• Complete inability to work

Future Pain and Suffering: Ongoing physical discomfort and emotional distress related to your injuries.

Calculating future damages requires expert testimony from medical professionals, economists, and vocational rehabilitation experts. This is one area where having an experienced attorney is particularly valuable.

Factors That Affect Damage Awards

Several factors can impact the amount of compensation you receive:

Comparative Negligence: Colorado follows a modified comparative negligence system. If you’re partially at fault for your accident, your damages will be reduced by your percentage of fault. If you’re more than 50% at fault, you can’t get anything.

Pre-Existing Conditions: If you had pre-existing medical conditions, the insurance company will try to argue that some of your damages are related to those conditions rather than the accident.

Failure to Reduce Damages: You have a duty to minimize your damages by following medical advice and making reasonable efforts to recover. Failing to do so can reduce your award.

Quality of Medical Treatment: The type and quality of medical care you receive can affect both your recovery and the value of your case.

Documentation: Well-documented damages are more likely to be fully compensated than poorly documented ones.

Special Considerations for Different Types of Injuries

Traumatic Brain Injuries: These can result in significant future damages due to ongoing cognitive and physical impairments. Post-concussion issues can have long-lasting effects that impact earning ability and quality of life.

Spinal Cord Injuries: These often result in permanent disabilities requiring lifetime medical care and significant modifications to daily living.

Broken Bones: While these might seem straightforward, complex fractures can result in permanent limitations and ongoing pain.

Soft Tissue Injuries: These are sometimes minimized by insurance companies, but can result in chronic pain and long-term limitations.

Psychological Injuries: PTSD and other mental health impacts can be significant parts of damages, especially in cases involving violent crimes.

Special Considerations for Different Demographics

Premises liability cases can affect people differently based on their age, physical condition, and life circumstances. Understanding how these factors influence both responsibility and damages can be important for your case.

Elderly Customers

Older customers face unique risks at gas stations and convenience stores, and their cases often involve special considerations:

Increased Vulnerability: Elderly customers are more likely to be seriously injured in slip and fall accidents due to:

• Reduced bone density (osteoporosis)
• Balance and mobility issues
• Slower reflexes
• Medication effects that might affect balance or awareness

Higher Stakes: Injuries that might be minor for younger people can be life-threatening for elderly customers. A broken hip that heals quickly in a 30-year-old might lead to permanent disability or even death in an 80-year-old.

Longer Recovery Times: Elderly customers typically take longer to heal from injuries, leading to higher medical costs and more extended periods of pain and suffering.

Legal Standards: Store owners owe the same duty of care to elderly customers as to anyone else. They can’t argue that elderly people should be more careful or avoid their businesses.

Damage Considerations:

• Medical expenses are often higher due to complications and slower healing
• Lost wages might be less relevant for retired individuals, but loss of independence can be a significant damage
• Pain and suffering calculations might consider reduced life expectancy
• Need for long-term care or home modifications

Customers with Disabilities

People with disabilities have the same rights as other customers, and store owners must accommodate their needs:

ADA Compliance: Stores must follow Americans with Disabilities Act requirements for accessibility. Violations can be proof of carelessness in premises liability cases.

Reasonable Accommodations: Store owners might need to provide reasonable accommodations for customers with disabilities, such as help reaching products or getting around the store.

Increased Vulnerability: Some disabilities make customers more vulnerable to certain types of accidents:

• Vision impairments increase slip and fall risks
• Mobility impairments might make it harder to avoid hazards
• Cognitive impairments might affect hazard recognition

Unique Damages: Customers with disabilities might face different types of damages:

• Damage to expensive mobility equipment
• Worsening of existing conditions
• Loss of independence
• Need for additional assistance with daily activities

Parents with Children

Families with children face special risks and considerations:

Increased Distraction: Parents are often focused on managing their children, which might make them less aware of hazards.

Child-Specific Risks: Children are naturally curious and might be attracted to dangerous areas or equipment.

Responsibility for Child Injuries: Children are held to different legal standards than adults. Very young children aren’t expected to watch out for their own safety.

Family Impact: When a parent is injured, it affects the entire family:

• Children might need alternative care arrangements
• Family activities and routines are disrupted
• Spouses might need to take time off work to provide care
• Loss of companionship claims might be available

Customers with Language Barriers

Non-English speaking customers might face unique challenges:

Warning Signs: Safety warnings and hazard signs in English only might not effectively warn non-English speaking customers.

Communication During Emergencies: Language barriers can make it harder to get help after accidents.

Cultural Factors: Different cultural backgrounds might affect how people see and respond to hazards.

Legal Representation: It’s important to work with attorneys who can communicate effectively with clients in their preferred language or who have access to qualified interpreters.

Workers and Delivery Personnel

People who work at or make deliveries to gas stations and convenience stores have different legal status:

Workers’ Compensation: Employees who are injured at work are typically covered by workers’ compensation rather than premises liability law.

Third-Party Claims: However, employees might have premises liability claims against parties other than their employer (such as property management companies or maintenance contractors).

Delivery Personnel: Independent contractors making deliveries might have premises liability claims if they’re injured due to dangerous conditions.

Frequent Visitors: People who visit the same location regularly might have different notice issues than one-time customers.

Tourists and Visitors

People unfamiliar with Denver area locations might face special risks:

Unfamiliarity with Local Conditions: Visitors might not be aware of local weather patterns or typical hazards.

Different Expectations: Customers from other states or countries might have different expectations about store safety standards.

Medical Care Challenges: Tourists who are injured might face challenges getting appropriate medical care or following up on treatment.

Legal Jurisdiction: Cases involving out-of-state residents can involve complex legal questions about where the case should be heard.

The Role of Expert Witnesses and Technical Evidence

In complex premises liability cases, expert witnesses often make the difference between winning and losing. These professionals bring specialized knowledge that helps judges and juries understand technical issues that are beyond common knowledge.

When Expert Witnesses Are Needed

Not every slip and fall case needs expert testimony, but certain situations almost always require expert analysis:

Complex Causation Issues: When it’s not obvious what caused an accident, experts can analyze the scene and explain the mechanics of what happened.

Industry Standard Questions: When figuring out whether a business met reasonable safety standards, experts can testify about what other similar businesses typically do.

Technical Equipment Failures: If malfunctioning equipment contributed to an accident, experts can analyze the equipment and explain how it should have worked.

Security Adequacy: Determining whether security measures were reasonable often requires expert analysis of crime statistics, lighting levels, and security industry standards.

Future Damages: Calculating future medical costs and lost earning ability typically requires expert testimony from medical professionals and economists.

Types of Experts in Premises Liability Cases

Premises Security Experts: These professionals analyze whether businesses provided enough security based on:

• Local crime statistics and trends
• Industry security standards
• Risk assessment methods
• Cost-benefit analysis of security measures
• Adequacy of lighting, cameras, and other security features

Slip Resistance Testing Experts: These experts can:

• Test floor surfaces for slip resistance
• Analyze how slippery different materials are
• Explain how spills and contaminants affect slip resistance
• Test footwear and its interaction with floor surfaces
• Provide opinions about whether floor conditions were unreasonably dangerous

Accident Reconstruction Experts: These professionals can:

• Analyze the physics of how accidents occurred
• Create computer simulations of accident scenarios
• Explain how different factors contributed to accidents
• Provide opinions about whether accidents were preventable

Building Code and Safety Experts: These experts can testify about:

• Whether properties met applicable building codes
• Industry standards for lighting, handrails, and other safety features
• Proper maintenance procedures for different types of equipment
• Reasonable inspection and maintenance schedules

Medical Experts: Beyond treating physicians, independent medical experts might be needed to:

• Provide opinions about the extent and permanence of injuries
• Explain the relationship between accidents and injuries
• Discuss future medical needs and costs
• Address disputes about treatment necessity

Economic Experts: These professionals calculate:

• Lost earning ability
• Future medical costs
• Present value of future damages
• Economic impact of disabilities

Surveillance and Video Analysis Experts: These experts can:

• Improve poor-quality surveillance footage
• Analyze timestamp accuracy
• Explain what surveillance footage does and doesn’t show
• Provide opinions about camera placement and coverage

The Expert Witness Process

Selection: Choosing the right expert is key. Attorneys look for experts with:

• Relevant education and experience
• Strong communication skills
• Credibility with judges and juries
• Experience testifying in court
• Opinions that can stand up to questioning

Investigation and Analysis: Experts typically:

• Visit the accident scene
• Review all relevant documents and evidence
• Conduct tests or analyses as appropriate
• Prepare detailed reports explaining their opinions

Deposition Testimony: Before trial, experts give deposition testimony where opposing attorneys can question them about their opinions and methods.

Trial Testimony: At trial, experts explain their opinions to the jury and face questioning from opposing counsel.

Technical Evidence in Modern Cases

Technology plays an increasingly important role in premises liability cases:

Digital Surveillance Systems: Modern camera systems can provide high-quality footage, but they also raise technical questions about:

• Data storage and retrieval
• Image compression and quality
• Timestamp accuracy
• System reliability and maintenance

Lighting Analysis: Experts can measure lighting levels and compare them to industry standards, helping determine whether inadequate lighting contributed to accidents.

Weather Data: Official weather records can be super important in cases involving ice, snow, or other weather-related hazards.

Cell Phone Evidence: Smartphones can provide evidence about:

• Exact timing of incidents (call logs, text messages)
• Weather conditions (weather apps)
• Location data
• Photos and videos taken at the scene

Computer Modeling: Sophisticated computer programs can model accident scenarios and help juries understand complex cause-and-effect issues.

Challenges with Expert Evidence

Cost: Expert witnesses can be expensive, with fees ranging from hundreds to thousands of dollars per hour for investigation, report preparation, and testimony.

Reliability: Courts check expert testimony to make sure it’s based on reliable methods and principles.

Jury Understanding: Experts must be able to explain complex technical concepts in ways that ordinary jurors can understand.

Conflicting Opinions: Both sides often have experts, and juries must decide which opinions are more credible.

Cross-Examination: Expert witnesses face aggressive questioning designed to undermine their credibility and opinions.

The Importance of Early Expert Involvement

In many cases, experts should be involved early in the process:

Evidence Preservation: Experts can identify what evidence needs to be saved before it’s lost or destroyed.

Investigation Direction: Expert analysis can help focus investigation efforts on the most important issues.

Case Evaluation: Expert opinions help attorneys and clients evaluate the strength of cases and make informed decisions about settlement.

Discovery Strategy: Knowing what expert testimony will be available helps attorneys plan their discovery strategy.

This is another area where having an experienced attorney is valuable. Attorneys who regularly handle premises liability cases understand which experts are most effective and how to use expert testimony strategically.

Comparative Negligence and Shared Fault in Colorado

One of the most important ideas in Colorado premises liability law is comparative negligence. This legal principle can significantly affect your case, and understanding it can help you make better decisions about how to handle your claim.

Understanding Colorado’s Comparative Negligence System

Colorado follows what’s called “modified comparative negligence.” This means that even if you were partially at fault for your accident, you can still get damages, but your compensation will be reduced by your percentage of fault.

Here’s how it works:

Less than 50% at fault: If you were less than 50% responsible for the accident, you can get damages, but they’ll be reduced by your percentage of fault.

50% or more at fault: If you were 50% or more responsible for the accident, you can’t get anything.

Example: Let’s say you slip and fall at a gas station, and your total damages are $100,000. If the jury finds that you were 20% at fault and the store was 80% at fault, you would get back $80,000 ($100,000 minus 20%).

Common Comparative Negligence Arguments

Insurance companies and defense attorneys regularly argue that injured customers were partially or completely at fault for their accidents. Here are some common arguments:

Not Watching Where You’re Walking: This is probably the most common defense argument. They’ll claim you should have seen the hazard and avoided it.

Distraction: Defense attorneys will argue that you were distracted by your phone, children, or other factors and weren’t paying attention to where you were walking.

Improper Footwear: They might argue that you were wearing inappropriate shoes for the conditions (like high heels or smooth-soled shoes).

Intoxication: If there’s any proof that you had been drinking or using drugs, the defense will argue this contributed to the accident.

Ignoring Warning Signs: If there were wet floor signs or other warnings posted, the defense will argue that you ignored them.

Running or Moving Too Fast: Defense attorneys often argue that customers were moving too quickly for the conditions.

Pre-existing Medical Conditions: While this doesn’t necessarily make you at fault for the accident, defense attorneys might argue that medical conditions made you more prone to falling.

How to Protect Yourself from Comparative Negligence Claims

While you can’t eliminate all comparative negligence arguments, there are things you can do to minimize them:

Pay Attention: Stay alert when walking through stores and parking lots. Don’t get distracted by phones or other activities.

Wear Appropriate Footwear: Choose shoes with good traction, especially during winter weather.

Follow Posted Signs: Obey warning signs and barriers, even if they seem unnecessary.

Report Hazards: If you see dangerous conditions, report them to store employees. This shows you were being safety-conscious.

Don’t Rush: Take your time, especially in areas where spills are common or during bad weather.

Use Available Safety Features: Use handrails on steps and ramps, and stick to designated walkways.

Defending Against Comparative Negligence Claims

When insurance companies make comparative negligence arguments, experienced attorneys know how to respond:

Challenging the Evidence: Often, comparative negligence arguments are based on guessing rather than solid proof. Attorneys can challenge these arguments by demanding proof.

Highlighting Store Carelessness: The best defense against comparative negligence claims is often a strong offense showing how badly the store failed in its duties.

Expert Testimony: Experts can testify about reasonable customer behavior and whether the store’s carelessness was the main cause of the accident.

Witness Testimony: Witnesses who saw the accident can testify about your behavior and the conditions that caused the accident.

Showing Reasonableness: Attorneys can show that your behavior was reasonable under the circumstances and that any reasonable person would have acted the same way.

Special Comparative Negligence Situations

Children: Young children are held to different standards than adults. The law recognizes that children don’t have the same ability to recognize and avoid dangers.

Elderly or Disabled Customers: While these customers are held to the same general standard as other adults, courts consider their physical limitations when evaluating their behavior.

Emergency Situations: If you were responding to an emergency (like a fire alarm), your behavior might be evaluated differently.

Sudden Hazards: If a hazard appeared suddenly (like a spill that just occurred), you might not be expected to avoid it.

The Role of Jury Instructions

In cases that go to trial, judges give juries specific instructions about how to apply comparative negligence law. These instructions can significantly affect the outcome of cases.

Experienced attorneys understand how to argue for favorable jury instructions and how to present evidence that minimizes comparative negligence findings.

Settlement Considerations

Comparative negligence also affects settlement negotiations:

Risk Assessment: Both sides evaluate the risk of comparative negligence findings when deciding whether to settle and for how much.

Evidence Strength: Strong evidence of store carelessness makes it harder for insurance companies to argue comparative negligence successfully.

Jury Appeal: Some clients are more sympathetic to juries than others, which affects the risk of comparative negligence findings.

Why Comparative Negligence Makes Attorney Representation Important

Comparative negligence is one of the reasons why having an experienced attorney is so valuable:

Evidence Presentation: Attorneys know how to present evidence to minimize comparative negligence arguments.

Legal Arguments: They understand the legal standards and can make sophisticated arguments about fault.

Jury Selection: In trial cases, attorneys can select jurors who are less likely to blame injured customers.

Settlement Power: Strong legal representation makes it harder for insurance companies to make successful comparative negligence arguments, which improves settlement power.

Insurance Bad Faith and When Companies Play Dirty

Sometimes insurance companies don’t just try to minimize claims – they cross the line into bad faith practices that violate Colorado law. Understanding what constitutes bad faith can help you recognize when you’re being treated unfairly and take appropriate action.

What Is Insurance Bad Faith?

Insurance bad faith happens when insurance companies fail to deal fairly and honestly with their policyholders or claimants. In premises liability cases, this usually involves the store’s insurance company treating you unfairly during the claims process.

Colorado law requires insurance companies to:

• Investigate claims promptly and thoroughly
• Evaluate claims fairly based on the evidence
• Communicate clearly and honestly with claimants
• Make reasonable settlement offers when responsibility is clear
• Not unreasonably delay claim processing
• Not misrepresent policy terms or legal requirements

When insurance companies break these duties, they can be held responsible for bad faith, which can result in additional damages beyond your original claim.

Common Bad Faith Practices

Unreasonable Claim Denials: Denying valid claims without proper investigation or reasonable reason.

Inadequate Investigation: Failing to investigate claims thoroughly, ignoring relevant evidence, or refusing to interview key witnesses.

Unreasonable Delays: Taking too much time to investigate claims, respond to communications, or make settlement offers without justification.

Lowball Settlement Offers: Making settlement offers that are far below the reasonable value of claims when responsibility is clear.

Misrepresenting Coverage: Lying about what insurance policies cover or what legal requirements apply to claims.

Failure to Communicate: Not returning phone calls, not responding to letters, or providing misleading information about claim status.

Demanding Unnecessary Documentation: Requiring too much or irrelevant paperwork to delay or discourage claims.

Surveillance Abuse: Using surveillance in harassing or intimidating ways rather than for legitimate claim investigation.

Red Flags That Might Indicate Bad Faith

Your Claim Is Denied Without Explanation: Legitimate claim denials should include specific reasons based on policy terms or facts found.

The Insurance Company Won’t Return Your Calls: While adjusters can be busy, consistently failing to communicate is a red flag.

You’re Asked for the Same Documents Repeatedly: This might be a delay tactic rather than legitimate information gathering.

Settlement Offers Are Ridiculously Low: If the insurance company’s offer doesn’t have any reasonable relationship to your damages, it might be bad faith.

The Investigation Seems One-Sided: If the insurance company only interviews witnesses favorable to their side or ignores evidence supporting your claim, this could indicate bad faith.

You’re Pressured to Settle Quickly: While quick settlements can be legitimate, high-pressure tactics might indicate the insurance company knows they have a weak defense.

The Adjuster Makes Threats: Threatening to deny your claim unless you accept a low offer or comply with unreasonable demands could be bad faith.

Colorado’s Bad Faith Law

Colorado has specific laws governing insurance bad faith, including:

Statutory Requirements: Colorado Revised Statutes outline specific duties insurance companies owe to claimants.

Unreasonable Delay or Denial: Insurance companies can be responsible for unreasonably delaying or denying claims.

Additional Damages: Successful bad faith claims can result in damages beyond the original claim, including attorney fees and costs.

Punitive Damages: In extreme cases, punitive damages might be available to punish insurance companies for particularly bad behavior.

The McCormick & Murphy Experience with Bad Faith

The attorneys at McCormick & Murphy have extensive experience dealing with insurance bad faith practices. Since 1990, they’ve specialized in personal injury and insurance bad faith cases, giving them deep insight into insurance company tactics.

They understand:

• How to recognize bad faith practices early on
• How to document bad faith conduct effectively
• How to challenge an insurance company’s decision in bad faith cases in Colorado
• How to get the most power in settlement negotiations

Protecting Yourself from Bad Faith Practices

Document Everything: Keep records of all communications with the insurance company, including dates, times, and what was said.

Get Everything in Writing: Ask for written confirmation of important information and decisions.

Don’t Accept Unreasonable Deadlines: Insurance companies sometimes set artificial deadlines to pressure claimants. Make sure deadlines are actually reasonable and necessary.

Question Excessive Documentation Requests: While insurance companies are entitled to relevant information, they shouldn’t demand too much or irrelevant paperwork.

Don’t Give Recorded Statements Without Attorney Advice: Recorded statements can be used against you, and you should understand your rights before giving one.

Keep Your Own Records: Don’t rely on the insurance company to keep track of important information. Maintain your own files with medical records, bills, and other documentation.

When to Consider a Bad Faith Claim

Bad faith claims are separate from your underlying premises liability claim. You might have a bad faith claim if:

• The insurance company’s conduct has been unreasonable
• You’ve been harmed by their bad faith (beyond just the delay or frustration)
• You can prove the insurance company broke specific legal duties

Bad faith claims can be complex and require experienced legal representation. The attorneys at McCormick & Murphy understand both premises liability law and insurance bad faith law, giving them a complete approach to protecting your rights.

The Strategic Value of Bad Faith Claims

Even when bad faith claims aren’t ultimately pursued, the possibility of bad faith responsibility can provide power in settlement negotiations. Insurance companies know that bad faith claims can result in additional damages and attorney fee awards, so they’re often more motivated to settle underlying claims reasonably when bad faith issues are present.

Working with Attorneys Who Understand Bad Faith

Not all personal injury attorneys have experience with insurance bad faith law. When choosing representation, look for attorneys who:

• Have specific experience with bad faith cases
• Understand both premises liability and insurance law
• Have a track record of holding insurance companies accountable
• Are willing to take cases to trial when necessary

The team at McCormick & Murphy brings over 60 years of combined experience in both personal injury and insurance bad faith cases, making them well-equipped to handle complex cases involving both premises liability and insurance bad faith issues.

Special Situations: 24-Hour Operations and Overnight Security

Gas stations and convenience stores that operate 24 hours a day face unique challenges and legal duties. The overnight hours present heightened security risks and different operational conditions that can affect both the likelihood of incidents and the legal analysis of responsibility.

The Reality of 24-Hour Operations

Most gas stations and many convenience stores in the Denver metro area operate around the clock. This creates several risk factors:

Reduced Staffing: Overnight shifts typically have minimal staffing, often just one employee. This limits the ability to monitor for hazards and respond to security threats.

Higher Crime Risk: Statistics show that certain crimes, particularly robberies and assaults, are more common during late-night and early-morning hours.

Different Customer Types: The customer base during overnight hours often includes people who may be impaired, tired, or otherwise more vulnerable.

Maintenance Challenges: Many cleaning and maintenance activities occur during overnight hours, potentially creating temporary hazards.

Reduced Visibility: Darker conditions make it harder to spot hazards and provide less natural surveillance from passing traffic.

Enhanced Security Obligations

Courts have recognized that businesses operating during high-risk hours may have enhanced security obligations:

Adequate Lighting: Proper lighting becomes even more important during overnight hours. This includes:

• Parking lot illumination
• Gas pump area lighting
• Building perimeter lighting
• Interior lighting that allows employees to see outside areas

Surveillance Systems: Security cameras become more important when natural surveillance is reduced. Key things to consider include:

• Coverage of all customer areas
• Good image quality for nighttime conditions
• Proper maintenance and monitoring
• Good recording and storage systems

Employee Safety Measures: Protecting employees also protects customers:

• Bullet-resistant barriers or security glass
• Panic buttons and direct police communication
• Cash management procedures that reduce robbery incentives
• Employee training for security situations

Physical Security Measures: Enhanced physical security might include:

• Improved locks and access control
• Security barriers or bollards to prevent vehicle attacks
• Clear sight lines that eliminate hiding spots
• Emergency lighting systems

Legal Standards for Overnight Operations

Colorado courts apply the same basic premises liability principles to 24-hour operations, but with the understanding that the duty of care might require different measures during high-risk hours:

Foreseeability Analysis: The foreseeability of crimes and accidents might be higher during overnight hours, creating enhanced duties for business owners.

Industry Standards: Courts look at what other similar businesses do to address overnight security risks.

Cost-Benefit Analysis: The cost of security measures is balanced against the risks they’re designed to address, with the understanding that some measures might be economically justified only during high-risk hours.

Prior Notice: Previous incidents during overnight hours create enhanced notice of security risks.

Common Issues with Overnight Operations

Inadequate Staffing Response: When only one employee is working, they might not be able to respond adequately to customer needs or security situations.

Equipment Malfunctions: Security cameras, lighting, and communication equipment that fails during overnight hours creates heightened risks.

Maintenance Hazards: Cleaning activities during overnight hours can create slip hazards if not properly managed.

Impaired Customers: Businesses might need enhanced procedures for dealing with intoxicated or impaired customers who pose risks to themselves or others.

Delivery and Service Personnel: Overnight deliveries and service calls create additional security considerations.

Case Examples from Overnight Operations

The Broken Light Case: A customer was assaulted in a poorly lit area of a gas station parking lot at 2 AM. Investigation showed that the light had been broken for over a week, and the store had received complaints from other customers about feeling unsafe. The store’s failure to repair the lighting promptly after receiving notice of the problem supported a finding of carelessness.

The Solo Employee Situation: A customer was robbed while the sole overnight employee was in the back office doing paperwork. The store had no security cameras covering the gas pump area, and the employee couldn’t see customers from the office. The court found that the store’s staffing and security procedures were not enough for overnight operations.

The Ice Storm Response: During an overnight ice storm, a gas station employee failed to put down ice melt or warning signs, despite having both materials available. A customer slipped and was seriously injured at 5 AM. The court found that the store’s overnight procedures didn’t adequately address weather-related hazards.

Special Considerations for Different Types of Overnight Customers

Shift Workers: People getting off work during overnight hours might be tired and less alert to hazards.

Travelers: People traveling long distances might be tired and unfamiliar with local conditions.

Emergency Situations: Customers might be visiting during overnight hours due to emergencies, affecting their mental state and awareness.

Delivery and Service Workers: Commercial drivers and service personnel have different risk profiles and legal considerations.

Regulatory Considerations

Some jurisdictions have specific regulations for overnight business operations:

Lighting Requirements: Local rules might specify minimum lighting levels for businesses operating during overnight hours.

Security Requirements: Some areas require specific security measures for businesses that operate during high-risk hours.

Employee Safety Regulations: OSHA and state regulations might require specific safety measures for overnight workers.

Zoning Restrictions: Some areas have restrictions on overnight business operations due to security and noise concerns.

Working with Businesses That Have 24-Hour Responsibility

If you’re injured at a 24-hour business, there are special considerations for your case:

Evidence Preservation: Security footage from overnight hours might be particularly important, and businesses should be required to preserve it promptly.

Witness Availability: Witnesses from overnight incidents might be harder to locate and interview.

Expert Analysis: Security experts might need to analyze whether the business’s overnight security measures met reasonable standards.

Comparative Negligence: Defense attorneys might argue that customers assume additional risks when visiting businesses during overnight hours.

The attorneys at McCormick & Murphy understand the unique legal issues involved in 24-hour business operations and can help you understand how these factors affect your case.

Taking Action: Your Next Steps

If you’ve been injured at a gas station or convenience store in Denver, or if you’re dealing with an insurance company that isn’t treating you fairly, you need to take action to protect your rights. Here’s what you should do:

Immediate Steps After an Incident

Get Medical Attention: This should always be your first priority. Even if you don’t think you’re seriously hurt, some injuries don’t show symptoms immediately. Having medical documentation from the start also strengthens any potential legal claim.

Document Everything: If you’re able, take photos of:

• The hazard that caused your injury
• The surrounding area
• Your injuries
• Any relevant signage or warnings (or lack thereof)

Report the Incident: Make sure the store creates an incident report and ask for a copy. Don’t let them brush off your request – you have a right to documentation.

Get Witness Information: Ask anyone who saw what happened for their contact information. This includes other customers and store employees.

Preserve Evidence: Ask the store to preserve any security camera footage and keep the scene as it was until you can have it properly documented.

Keep Records: Save all medical records, bills, and any other documentation related to your injury.

When to Contact an Attorney

Don’t wait to get legal advice. Many people think they should try to handle insurance claims themselves first, but this can be a costly mistake. Here’s when you should definitely contact an attorney:

• You’ve suffered significant injuries
• The store or insurance company is disputing responsibility
• You’re dealing with multiple parties (store owner, property manager, etc.)
• The insurance company is making unreasonably low offers
• You’re being pressured to settle quickly
• The incident involved a crime or security failure
• You’re not sure about the value of your claim

Remember, most personal injury attorneys offer free consultations, so there’s no cost to getting professional advice about your situation.

Why Choose McCormick & Murphy

When you’re looking for legal help, you want attorneys who:

Have Specific Experience: McCormick & Murphy has been handling premises liability cases for over 25 years. They understand the unique challenges of gas station and convenience store cases.

Know Colorado Law: State laws vary significantly, and you need attorneys who understand Colorado’s specific premises liability and insurance laws.

Have Resources: Proper investigation of premises liability cases requires resources for experts, investigators, and other professionals. McCormick & Murphy has the resources to handle complex cases properly.

Provide Personal Attention: Unlike large firms where you might never speak to your actual attorney, McCormick & Murphy provides personal care and attention to each client.

Work on Contingency: They handle most cases on a contingency fee basis, which means you don’t pay attorney fees unless they get money for you.

Have a Proven Track Record: With over 60 years of combined experience and a history of successful results, they have the experience to handle your case effectively.

You can find their office at 1547 N Gaylord St UNIT 303, Denver, CO 80206, and they’re available for consultations at (888)-668-1182.

What to Expect from the Legal Process

Free Consultation: Most personal injury attorneys, including McCormick & Murphy, offer free initial consultations. This gives you a chance to understand your rights and options without any financial commitment.

Investigation: If you decide to pursue a claim, your attorney will conduct a thorough investigation, including gathering evidence, interviewing witnesses, and working with experts as needed.

Insurance Negotiations: Your attorney will handle all communications with the insurance company and work to negotiate a fair settlement.

Lawsuit if Necessary: If settlement negotiations aren’t successful, your attorney can file a lawsuit and represent you through trial if necessary.

No Upfront Costs: With contingency fee arrangements, you don’t pay attorney fees unless you get money. This aligns your attorney’s interests with yours.

Questions to Ask During Your Consultation

Come prepared with questions:

• Do I have a valid claim?
• What do you think my case is worth?
• How long will this process take?
• What are my chances of success?
• How do you charge for your services?
• What do I need to do to help with my case?
• Have you handled similar cases before?

Don’t be afraid to ask tough questions. A good attorney will give you honest, realistic answers.

Red Flags to Avoid

While most attorneys are ethical and competent, there are some warning signs to watch out for:

• Attorneys who guarantee specific results
• High-pressure sales tactics or demands for immediate decisions
• Requests for upfront payments in contingency cases
• Attorneys who seem unfamiliar with premises liability law
• Firms that seem to handle too many different types of cases
• Poor communication or responsiveness during the consultation process

The Importance of Acting Quickly

Don’t delay in seeking legal advice:

Evidence Disappears: Security footage gets recorded over, witnesses move away, and dangerous conditions get fixed.

Statute of Limitations: Colorado law gives you a limited time to file a lawsuit (generally three years, but there can be exceptions).

Insurance Company Tactics: The longer you wait, the more time insurance companies have to build defenses to your claim.

Medical Treatment: Delays in seeking medical attention can be used against you by insurance companies.

Beyond Your Individual Case

When you pursue a premises liability claim, you’re not just seeking money for your own injuries – you’re also helping to make these businesses safer for everyone. Business owners pay attention when they’re held accountable for preventable accidents and crimes. Your case might prevent someone else from getting hurt in the future.

Final Thoughts

Gas station and convenience store accidents are more common than most people realize, and they’re often preventable. If you’ve been injured due to someone else’s carelessness, you have rights under Colorado law. Don’t let insurance companies take advantage of you, and don’t assume that accidents “just happen.”

The attorneys at McCormick & Murphy have the experience and resources to help you get the compensation you deserve. They understand the challenges you’re facing after an injury, and they’re committed to helping you move forward with your life and recovery.

If you’ve been injured at a gas station or convenience store in Denver, or if you’re dealing with an insurance company that isn’t treating you fairly, contact McCormick & Murphy today for a free consultation. You can reach them at (888)-668-1182 or visit their office at 1547 N Gaylord St UNIT 303, Denver, CO 80206.

Remember, you don’t pay unless they get money for you, so there’s no risk in getting professional legal advice about your situation. Don’t let insurance companies take advantage of you – get the help you need to protect your rights and get the compensation you deserve.

Your safety and your rights matter. Take action today to protect both.