Premises Liability Lawyer in Wethersfield

Property owners have a duty to keep their premises reasonably safe for the benefit of people who may come lawfully onto their property. This duty may include keeping an eye out for dangerous conditions, and either repairing them promptly or warning people of the danger. A slip and fall or trip and fall on unsafe or dangerous property can cause very real and serious injury, including fractures, concussions, and back or neck injuries.

Our team at APEX Law Firm take these claims very seriously. If you have been injured on another’s unsafe property in Connecticut, we will fight to see that you are fully compensated for all your legal damages, including present and future medical expenses, lost income if you missed work or became disabled, and your pain and suffering.

Our premises liability practice encompasses all the following common causes of premises liability accidents, among many others:

• Icy sidewalks and slippery entrances
• Cracked or broken sidewalks
• Food or drink spills in grocery stores or restaurants
• Objects blocking aisles or falling from shelves in retail and department stores
• Broken stairs or missing handrails
• Malfunctioning elevators or escalators
• Unmarked steps, ramps and inclines
• Exposed wiring
• Assaults due to inadequate security
• Injuries on public property 

Facts about Connecticut Premises Liability Law

The duty owed by a property owner in Connecticut depends upon the legal status/relationship of the individual who was injured. There are three broad categories of persons under Connecticut premises liability law, but these categories can be further broken down, and it is often a complicated matter to sort out a person’s status and determine the duty owed by the property owner. In general, Connecticut law recognizes the following classes of persons and duties owed: 

• Invitees – An invitee is someone who comes on to the property for the benefit of the property owner, or for the mutual benefit of both parties. An invitee can be a public invitee (a member of the public on property open to the public), a business invitee (a person who enters for a purpose related to a business dealing with the owner), or a social invitee (a guest). For invitees, a property owner has a duty to inspect the premises for hidden defects and either repair them or put up safeguards to make them reasonably safe.
• Licensee – A licensee is someone who is allowed to come onto the premises at the property owner’s consent or invitation. While there is no duty inspect for hidden dangers, a property owner can be liable to an injured licensee if the owner knew of a condition that posed an unreasonable risk and was not obvious to the licensee, yet nevertheless did not warn the licensee or make the condition reasonably safe.
• Trespasser – A property owner has no duty to warn or protect a trespasser from potentially dangerous conditions, but a property owner may not set out to intentionally harm a trespasser by setting traps. The law is different in the case of children, however. If the property owner has reason to expect children might trespass on the premises, the owner should take reasonable steps to eliminate a dangerous condition or keep children away from it. 

Complicated Nature of Connecticut Slip and Fall Cases

Premises liability claims are often very difficult to bring and prove against a negligent property owner. In order to be successful, an injured plaintiff must be able to prove that the property owner knew about the dangerous condition (or had reason to know about it), and that the condition existed long enough that the property owner had time to discover it and fix it or put up a warning before the accident occurred. Proving these timing issues can be especially difficult in cases where the dangerous condition was something temporary or which happened quickly, like a spill or fallen object.

Also, property owners may claim that the injured victim was somehow responsible for the accident by not watching where he or she was going. Such defenses can lower the amount of a plaintiff’s recovery or even prevent any recovery at all, so it is important to have an attorney who will thoroughly investigate the accident and vigorously fight any unfounded claims that the plaintiff was somehow at fault. 

One thing your slip and fall accident attorney will likely tell you is that your injuries may not appear obvious right away. This is the reason that Connecticut allows up to two years from the date of the injury for people to hire a lawyer and file a personal injury lawsuit. Nevertheless, we urge you to contact a law firm for help as soon as possible after the accident. This helps you build a stronger case as well as avoid having the personal injury statute of limitations run out on you.

If you can take pictures of the accident scene, it will help your case immensely. Pictures prove what those responsible for the accident might try to deny. It is fine for someone else to take photos if you’re too injured to do so yourself. You should also plan to report the accident to the property owner immediately. This could be one of the following:

• Commercial property: Report the accident to the person with the highest level of authority in the building. Ask for a business card for later reference.
• Private property: Inform the owner of the property and then ask for his or her name and contact information. The claim will likely go through private homeowners’ insurance.
• Public property: Report the incident to the city or town responsible for maintaining the property and get the name and title of the person you provided information to.

It’s also important to get contact information from witnesses and to keep medical records and receipts for all care you receive. While it can seem like a hassle while you’re worried about bills and trying to recover, it will make your case go much faster because you won’t have to lose time tracking down the proof you need. 

Get Help from Experienced and Successful Connecticut Premises Liability Lawyers

At APEX Law Firm, we understand how to build and present a strong case that clearly establishes the defendant’s liability, while fending off claims of the plaintiff’s own comparative fault. If you have been injured in a slip and fall or trip and fall on dangerous premises in Connecticut, contact the APEX Law Firm for a free consultation about your potential claims, at (860) 900-0900 in Hartford County or fill out a free case evaluation form today.