VanMeveren Law Group - December 2020

VanMeveren Law Group - December 2020

Foundations 970

SOUTH 2038 Caribou Drive, Suite 101 Fort Collins, CO 80525

OLD TOWN 123 North College Ave., Suite 112 Fort Collins, CO 80524

DECEMBER 2020

Who’s Responsible When Someone Slips and Falls on Your Sidewalk?

As we head into another Colorado winter, it’s inevitable that folks are going to slip and fall on our snowy and icy walkways. Every winter, we field dozens of calls from people who are seriously injured after slipping on ice. Most people would think ice and snow are natural conditions and falling on ice while walking outside in winter is simply a risk we take as Coloradans. But landowners should be aware that, in some cases, they may be held liable for a person who slips and falls on their sidewalk. Although our courts have long held that slip-and-fall accidents on public walkways do not subject a landowner to liability, there are certain circumstances under which a landowner can be held liable. It’s important to note that city ordinances require homeowners to clear their sidewalks within 24 hours of snow accumulation. But a failure to remove snow, as required by law, does not necessarily mean a landowner will be subjected to civil liability. So how can you, the homeowner or landowner, be held responsible for someone who falls in snowy or icy conditions in front of or on your property? The circumstances that create liability usually involve something more than just a failure to remove snow from your sidewalk in a timely manner. As you’ll learn in our “Case in Point” story on Page 3, landowners who negligently create dangerous conditions on their sidewalk may be held liable. The most common issue that creates liability involves drainage from melting snow that refreezes on the walkway. How does this occur? Unfortunately, many landowners or their property management snow removal crews fail to take the extra step of making sure their snow removal process completely clears the snow from any nearby walkways. Colorado’s sunny winter days will often melt those snow piles, which then drain onto nearby sidewalks. When the sun goes down and those walkways refreeze, it creates exceptionally dangerous conditions. What’s worse is that the refreezing snowmelt is often covered by a fresh dusting of snow, leaving pedestrians extremely vulnerable to the hidden danger.

And the most vulnerable folks we help are the elderly. Falling on ice can cause bone fractures and dislocated joints in older adults. Brain injuries are also of particular concern for this segment of the population. It’s not uncommon for people to experience concussions from this type of slip-and- fall. Thus, any landowners who maintain a property that provides services to older adults should be particularly diligent in the care and maintenance of their property. Every case is unique. Issues involving property ownership and management, the applicable statute of limitations, and potential notice and immunity issues for municipalities can be complicated. You need to make certain your slip-and-fall incident is carefully reviewed by an experienced attorney. Most importantly, please be careful when traversing icy and snowy walkways this winter. And always wear proper winter attire when going out and enjoying our Colorado winters!

–Bryan VanMeveren

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Our Clients Say It Best “I found VanMeveren Law Group after an awful experience with a major law office that left us feeling less than hopeful about our case. I was pleasantly surprised when our first call came from the actual lawyer who would be working with us! When we met with Karl, we knew that we weren’t just a case number and really appreciated his transparency so that we could decide if hiring their firm was best for our family. Karl checked in with us weekly, was always quick to respond to any communication from us, made sure that we understood every step we took, and answered every question or scenario I came up with. When you have a case involving six people, with four of them being children, there are a LOT of pieces to coordinate. Karl made sure that the insurance companies saw us as actual people and fought for each member of our family as though they were his only client. After our accident, I really thought we could tackle the insurance settlement on our own because it seemed very cut and dry. A year later, I can say that there is no way we would’ve reached anywhere close to what Karl was able to accomplish for our family. He was always very realistic with us and reminded us regularly that the decisions were ultimately ours. After you’ve been in an accident that has stripped you of feeling in control and turned your life upside down, having a lawyer who understands the processes and wants to fight for you when you lose hope is invaluable. In the scheme of things, our case is a small one with very low policy limits (go increase your uninsured motorist policy right now!), but Karl never made us feel like it. If you have been in an accident, this is the law firm you want on your side. We will forever be grateful to Karl and VanMeveren Law for helping us navigate through this difficult time and helping restore our hope in a system that otherwise had failed us.” –Brenna Williams

Snowed In for Christmas? It’s Board Game Time! 3 NEW GAMES TO ENTERTAIN YOU THROUGH THE HOLIDAYS

“Oh, the weather outside is frightful, but the games are so delightful …”

Those might not be the exact lyrics from the famous Christmas carol, but it’s true that decks of cards and various board games get many families through the holiday season. You can only rewatch “It’s a Wonderful Life” and “National Lampoon’s Christmas Vacation” so many times before the jokes grow stale. While new movie releases can be fun, many have been stalled this year because of the pandemic. Luckily, board games are still coming out on schedule. If you’re on the hunt for alternatives to Monopoly, Clue, and Scrabble, check out these fresh 2020 games, which all come recommended by the experts at Thrillist. 1. The Alpha: A Nature Lover’s Dream Game If your childhood dream was joining a wolf pack like Mowgli in “The Jungle Book,” this is the board game for you! The Alpha is a beautifully illustrated strategic game where players act as pack leaders and compete with other players to acquire territory and snag the best food. Gameplay is done in rounds that include four stages: stalk, chase, resolve, and advance. The game is rated for 3–6 players ages 10 and up. 2. Half Truth: Brilliant Minds Meet Here If you’re a fan of Trivial Pursuit, you’ll love Half Truth. At its heart, it’s a trivia game, but it ups the stakes by giving players the opportunity to bet on how many correct answers they’ll get. Really though, there’s only one thing you need to know about this game, and Thrillist said it best: “It's the brainchild of legendary Magic: The Gathering creator Richard Garfield and 74-time Jeopardy! winner Ken Jennings.” What a pedigree! Everyone 12 and over will want a seat at the table. 3. getCrewd: A Playground for Movie Buffs getCrewd is a card game that comes in a retro-style film can, and that single trait speaks volumes. In this PG-13-rated game, you play a film producer in search of the perfect actor, director, and crew to make your movie happen. However, the deck will keep throwing obstacles in your way, including everything from flash floods to writers’ strikes. If you have a competitive side, you’ll love this mad scramble to the finish line.

With these games in your cabinet, you won’t even notice the snowbanks outside!

2 • www.VanMeverenLaw.com

From the Animal Friends Alliance

CASE IN POINT

This month we bring you another profile of a great animal from the Animal Friends Alliance ( SavingAnimalsToday.org .) Snuggle Up With Robert The Bruce

Slip-and-Fall

Prior to the incident, our client was a registered nurse with plans to pursue a master’s degree, an active volunteer, and a Mrs. Colorado America contestant. On the date of the incident, our client slipped on black ice that accumulated on a snow-covered sidewalk at a commercial property in Parker, Colorado. As a result, our client violently impacted the sidewalk with the right side of her body, cracking four ribs. Upon arrival to the hospital, she was immediately designated as a trauma patient and given critical care status. Imaging studies showed she had four fractured ribs, with dangerous displacement of three, a collapsed right lung, and bruising in her left lung. After an extensive course of pain management, physical therapy, and limited physical activities, our client recovered. Unfortunately, she was left with physical limitations and visible scarring in the location where the chest tube was placed to inflate her collapsed lung. The property owner refused to settle the matter and VanMeveren Law Group litigated the complex liability issues on behalf of our client. After extensive litigation, we were able to recover a substantial settlement on behalf of our client.

Meet Robert The Bruce, a happy cat who’s ready for a happy home!

Here’s what the Animal Friends Alliance has to say about Robert:

“Robert is a lovely young guy who lives for snuggles. When not showering his people with head-butts, he likes to explore, watch the world go by out the window, and sleep in fuzzy blankets — though his favorite spot for nighttime snoozing is at his person's shoulder with his face pressed against theirs. He considers himself to be a very open-minded young cat and will eat any food put in front of him. He's also a very curious and talkative guy and will frequently pause his adventuring to check in and tell you all about it! “Robert does have something called FIV, or Feline Immunodeficiency Virus. However, he wants you to know that FIV-positive cats still live long, happy lives! For more information on this amazing cat, please contact the Mulberry shelter at 970-484-8516.”

More about Robert The Bruce: Breed: Domestic shorthair Sex: Male Weight: 10 pounds Age: 1Y / 1M Location: Foster home

SUDOKU

Festive Apple Cider

If you’re cutting back on calories, skip the eggnog and buttered rum this year and fill up your mug with this delicious mulled cider! Inspired by BoulderLocavore.com.

Ingredients:

• • •

1 lemon

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2 tsp allspice berries

1 gallon pure apple cider 1 large orange, thinly sliced crosswise

1 inch fresh ginger, thinly sliced

2 tbsp honey

3 cinnamon sticks

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2 tsp whole cloves

Directions:

1. Using a paring knife, shave the lemon peel off in curls. Reserve the curls and save the lemon for use in a different recipe. 2. In a large slow cooker, combine the lemon peel with all other ingredients. Cook on low for 3–4 hours. 3. If desired, use a sieve to strain the spices. Serve and enjoy!

Solution

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2038 Caribou Drive, Suite 101 Fort Collins, CO 80525 970-495-9741 www.VanMeverenLaw.com

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INSIDE This Issue

Who’s Responsible When Someone Slips and Falls on Your Sidewalk? Page 1 3 New Board Games to Try This Winter Testimonial Page 2 Case in Point: Slip-and-Fall A Snuggly Cat Who’s Ready for a Snuggly Home Festive Apple Cider Page 3 It’s the Holiday Season in Fort Collins Page 4

How Are You Spending the Holidays?

Sweaty Sweater Race Saturday, Dec. 5 at 9 a.m. Anheuser-Busch Brewery

As of this writing, the Sweaty Sweater Race is on! The race may still have a virtual component, so be sure to check the website regularly for updates. As in years past, the Sweaty Sweater Race is a 5K run/walk that’s great for the whole family. Deck yourself in your best (or worst) holiday-themed sweater and hit the course. The ugly sweater contest is expected to take place following the race at about 10:30 a.m. To register or to keep on top of the latest updates, see FrontRangeFreeze.com/sweaty-sweater-race .

Create Your Holidays 2020 Now through Jan. 4 Downtown Fort Collins

Downtown Fort Collins is always a great place to visit during the holidays. You can usually find something fun to do or see. Despite the pandemic, this year is no exception. Our many wonderful local businesses are coming together to make the holiday season a little brighter for Create Your Holidays — a series of events throughout the holiday season, including the Old Town Spree, the Downtown Holiday Lights, Downtown Santas Quest, the Fort Collins Foodie Walk, and the ice rink, just to name a few. You can see a complete list of special events that make up Create Your Holidays at DowntownFortCollins.com/event/create-your-holidays-2020 .

4 • www.VanMeverenLaw.com