When property is poorly maintained, either residential or commercial, serious and possibly fatal injuries can be caused. Property owners who do not maintain their premises can be held accountable for the harm that occurs because of their negligence. If you or a loved one suffered an injury on another person’s or company’s property, speak to a premises liability lawyer at Loughlin FitzGerald, P.C. You may be eligible for compensation and can discuss your legal options with one of our team members in a free consultation.
A premises liability case is a type of civil lawsuit that is brought against a landowner or controller in Connecticut for causing or failing to prevent a visitor injury. If a property owner in New Haven falls short of the duty to maintain reasonably safe premises, he or she may have to pay for an injury caused by a premises defect or dangerous property condition. The accidents that frequently give rise to premises liability cases are described below:
Slip & fall accident claims in New Haven are some of the most common. Guests can slip or trip, then fall, when there are dangerous conditions. An accident, for example, can be caused by icy sidewalks, freshly mopped floors, unexpected obstructions in walkways, uneven floors, loose carpeting, and many other hazardous conditions.
Workers on construction sites are exposed to a number of probable hazards, as is part of the job. However, property owners still owe a duty of care to anyone within the potential danger zone when an accident occurs, including workers and passersby. Examples of potential injury-causing incidents include roofing accidents, falling objects, crane accidents, electric shock injuries, scaffolding injuries, ladder injuries, etc.
People often fall and hurt themselves due to broken and poorly maintained railings and staircases. Falling down a flight of stairs can result in serious injuries, including broken bones, ankle or wrist injuries, injuries to the spinal cord, and traumatic brain injuries. These accidents can occur when a staircase has dangerous surface defects or broken railings.
Negligent security refers to a property owner failing to implement reasonable security measures according to the foreseeability of a crime occurring on the premises. These cases most often occur when someone is attacked or assaulted in a poorly lit parking lot at a place of business. If a reasonable and prudent landowner would have done more to prevent the attack, such as putting up a fence, hiring a security guard, installing security cameras or changing the locks, the owner could be held liable for a criminal attack.
Homeowners have a duty to keep their properties well maintained so that guests are safe when visiting. Examples of injury-causing accidents, of which they may be responsible, include:
Any incident that results in injury due to a dangerous property condition or defect could lead to a premises liability claim against the homeowner.
In Connecticut, the dog bite law states that owners are liable for their dogs and any harm they cause to guests who are legally on their property. This is true even if the pet owner had no reason to be aware of the dog’s vicious propensities. This is a strict liability law that is generally favorable toward dog bite victims, as it is not necessary for a victim to prove negligence or scienter to be eligible for financial compensation from the pet owner. Scienter refers to the one-bite rule, meaning the dog has bitten someone previously.
The premises liability laws in Connecticut are based on negligence. Even when a victim is partially responsible for an accident occurring, they still have the ability to claim damages. This legal concept is called comparative negligence, and the state operates under a modified version. As long as a victim is less than 50 percent responsible for their injury, they can be awarded compensation. However, in order to be successful in a premises liability claim, the following four elements must be proven:
When these elements can be established, victims may be able to recover costs associated with current and future medical bills, lost wages, pain and suffering, emotional distress, and more. Eligibility for compensation will also depend on the status of the visitor. Invitees and licensees are lawful guests and are therefore owed a duty of care by a property owner. Trespassers, however, are not owed any duties of care.
Damages, or financial compensation, could be awarded to a premises liability accident victim for various losses that occur due to the event. This includes both economic and noneconomic losses, and may also include punitive damages, in rare circumstances. Punitive damages are awarded to punish a defendant and may be granted by a judge if a property owner is guilty of showing reckless indifference to the rights of others.
The compensatory damages that may be available in a premises liability claim include:
Case values are unique. They are based on variables such as the severity of the victim’s injuries and the insurance coverage available. Determining the value of your premises liability claim in New Haven may require input from an attorney. A law firm can hire accountants and other experts to accurately evaluate how much your case is worth. With this information, your New Haven personal injury lawyer can pursue the best possible results for your premises liability case.
If you have been injured as the result of dangerous conditions on someone else’s property, the New Haven premises liability attorneys at Loughlin FitzGerald, P.C. can help you pursue compensation. Schedule a free consultation today by calling (203) 265-2035 or filling out our contact form online.