Slip-and-fall accidents, also known as premises liability incidents, can cause serious injuries and repercussions for individuals and their families. Complications from these accidents can make it challenging for individuals to recover and have sufficient resources to get the care they need. However, a Connecticut personal injury lawyer from Wofsey Rosen can help fall victims navigate Connecticut slip and fall laws, take legal action to recover losses, and protect their rights.
What Is a Slip-and-Fall Accident?
Slip-and-fall accidents can happen anywhere and occur when a visitor falls on a defective surface on another’s property. The accident must be the result of negligence by the property owner to enable the victim to take legal action. If the owner created the defect, failed to remedy the situation, or failed to warn the public, then the property owner could be liable for the injuries he or she caused.
However, different classes of visitors are owed different protections which may impact who can file a claim, what rights they may have, and the outcome of the case. The three classifications of visitors are:
- Invitee: Invitees are visitors who are invited to the property by the owner. They can be on the property for public or business purposes. Invitees are entitled to a reasonable level of care, and property owners may be held responsible if the invitee is aware, or should have been aware, of the dangerous situation.
- Licensee: Licensees are visitors who are on the property for a specific purpose and have limited permissions granted by a license or property owner. Property owners must warn the licensee of any hazardous conditions that could hurt him or her.
- Trespasser: A trespasser is a person who has no rights to be on the property. They are not owed any particular care, but the property owner must refrain from intentionally causing injury to the trespasser
Laws That Apply to Slip-and-Fall Accidents
Connecticut slip-and-fall laws allow individuals to hold property owners accountable and pursue legal remedies for their losses. There are key laws that apply to establishing and resolving a slip-and-fall accident.
Standard of Negligence
The property owner’s negligence must be established before damages can be awarded. As such, an experienced lawyer will establish the standard of negligence in your case, which consists of four elements:
- Duty of care: The property owner had an obligation to provide a reasonable level of care to those on their property according to visitor classification.
- Breach of duty: The property owner failed to provide reasonable care through creating the dangerous condition, failing to fix it, and/or failing to warn visitors of its existence.
- Causation: The property owner’s actions led to the fall and caused the injuries.
- Damages: The victim is injured as a result of the property owner’s negligence.
Comparative Negligence
If a fall victim was partially at fault for the accident, or multiple parties contributed to the accident, Connecticut’s modified comparative negligence law applies. According to Connecticut General Statutes § 52-572h, each party can recover compensation reduced in proportion to his or her level of fault.
However, if a party is 51% or more responsible for his or her injuries, the party is barred from recovering compensation.
Statute of Limitations
The ability to file a slip-and-fall claim in court is subject to time constraints. According to Connecticut General Statutes § 52-584, individuals have two years to pursue a claim before they may lose any right to take legal action. In some instances, the applicable statute of limitations may be as few as 90 days, so it is important to talk to a lawyer as soon as possible.
What to Do Following a Slip-and-Fall Accident
Slip-and-fall accidents can be incredibly painful and have profound effects on your life. To minimize the impact on your health and the improve the possible outcome of your claim, it is important to act quickly and take the proper steps. After an fall you should:
- Receive prompt medical care.
- Report the accident to the property owner.
- Report the accident to the police and request a police report.
- Take pictures of the accident and your injuries.
- Exchange contact and insurance information with the property owner.
- Hire an experienced lawyer to advocate for you.
- Pursue an insurance or personal injury claim.
Recovering Compensation for Your Losses
Assuming you can satisfy the elements described above, you have the right to recover damages for your losses. Compensation can help you cover your medical expenses, lost income, pain and suffering, emotional distress, decreased quality of life, and loss of enjoyment, companionship, or consortium. Your lawyer can help you calculate the value of your losses and negotiate a settlement that meets your specific needs.
Hire Wofsey Rosen to Fight for You
Wofsey Rosen is committed to securing maximum compensation for your losses when you have been injured in a fall. We fight for you to ensure you receive a favorable outcome. Schedule a consultation with our team today to discuss how we can represent you.