Accidents happen when you least expect them – sometimes when you’re injured on another’s property. If you experience an unfortunate accident and sustain injuries while on someone’s personal or private property, you may have a legal claim for compensation. Premises liability law allows injured victims to seek financial recovery for the injuries caused at the hands of another.
A variety of premises liability accidents happen in Connecticut every single day, but which are the most common? If you’re injured during any of these premises liability accidents, it’s best to consult with a Connecticut premises liability attorney for guidance.
What is Premises Liability?
It’s important to understand premises liability and how it can affect you.
Under the law, land owners and occupiers owe visitors a certain duty of care. A failure to act reasonably can create liability when a visitor suffers an injury. Premises liability is the principle that describes these individuals’ legal responsibilities for any injuries caused by unsafe conditions on their property.
Premises liability law falls under the broad area of personal injury law. Under premises liability law, victims have the opportunity to hold the responsible owner or tenant liable for their injuries and related losses.
Not all accidents result in liability for property owners and occupiers. However, suppose you’re injured on another’s property and believe their negligence is to blame. In that case, it’s best to consult with an injury attorney experienced in handling these types of cases, as they can provide advice and direction for your claim.
Legal Duties Landowners and Occupiers Owe to Others in Connecticut
As mentioned, landowners and tenants owe visitors a duty of care to keep their properties safe and free from potential dangers. It’s worth noting, though, that this duty varies based on the “status” of a visitor on the property at the time of the incident.
Under premises liability law, there are three statuses: invitee, licensee, and trespasser. A person’s status on a party’s land dictates the type of duty that owner or tenant owes to that individual.
- Regularly inspect the premises to fix and prevent any potential hazards
- Remedy any obvious condition on the property that can harm an invitee
- Warn invitees of dangers on the property that the owner or occupier is aware of, as well as hazards that should be discovered with a reasonable inspection
Under the law, invitees are owed the highest duty of care.
Licensee
A licensee is an individual who is legally allowed to enter the premises for personal reasons. Social visitors visiting friends or family members are the most common example of invitees. Regarding licensees, landowners and tenants must exercise reasonable care to remedy obvious dangerous conditions on the property and hazards owners and tenants are actually aware of.
While licensees are still owed a high duty of care, it is not as extensive as that owed to invitees.
Trespasser
A trespasser is a person who enters another’s property without the owner or possessor’s permission. Unlike invitees and licensees, trespassers are only owed a very limited duty of care.
Landowners and tenants do not owe trespassers a duty to mitigate hazards or warn of any potential dangers. Although trespassers are not legally allowed on the land, owners and occupiers are still not allowed to cause the trespasser intentional harm.
The Most Common Types of Premises Liability Accidents in Connecticut
In Connecticut, various kinds of premises liability accidents happen daily. Still, the following are some of the most common.
Slip and Falls
Falls are by far the most common type of premises liability accident. A fall can happen in many ways, including falling from heights, but slips and trips frequently cause a fall.
A person can fall due to several hazardous conditions, including, but not limited to:
- Wet, slippery floors
- Uneven flooring
- Cracked, broken floors and pavement
- Potholes
- Weather-related hazards, like rain, snow, and ice
- Wrinkled, lifted rugs and carpeting
- Missing or broken handrails and guardrails
- Cluttered walkways
Falls can occur indoors or outdoors. What’s important is that they occur in an area under the landowner or tenant’s control.
Many causes of falls are easily remedied with frequent, proper inspections and property maintenance. However, a failure to practice reasonable care significantly contributes to dangerous property conditions and falls.
Dog Bites
Dog bites are another common kind of premises liability incident in Connecticut. Generally, dogs are regarded as “man’s best friend.” But even these best friends can turn aggressive and cause serious injuries.
In Connecticut, dog owners and keepers are liable under a theory of strict liability if their dog causes another person harm. Under this theory, when a dog attacks, you don’t have to prove the owner or keeper knew that the dog had vicious tendencies or was otherwise negligent.
Dog bite victims may also proceed under a common law theory of negligence. For example, if a tenant’s landlord knew the tenant’s dog was aggressive and did not take appropriate action to remedy the danger, they can be liable under negligence. To establish a party’s negligence, you must prove the defendant knew or should have known the dog was vicious.
However, under Connecticut law, a dog’s owner or keeper is not liable if the dog harms someone trespassing on their property or abusing, teasing, or tormenting their dog.
Negligent or Inadequate Security
In certain areas, security is key. Unsecured areas may welcome malicious individuals who wish to cause harm.
Negligent security means a business provides security, but the security does not do its job correctly. This differs from inadequate security, where security isn’t provided at all.
Lack of proper security doesn’t just concern security guards. It can also involve other faulty security measures, such as a lack of proper signage and missing or improperly maintained security and video monitoring systems.
Negligent or inadequate security most often results in intentional acts of violence, including assaults and robberies.
Swimming Pool Accidents
Swimming pools can be fun and practical, especially during the hot summer months, but they also pose a danger. Pool accidents can happen on both private and public property, including falls and near drownings. Some of the common reasons why swimming pool accidents occur include:
- Lack of proper barriers
- Inadequate maintenance
- Insufficient supervision
Along with regular premises liability matters, swimming pools also raise the issue of attractive nuisance. In Connecticut, the attractive nuisance doctrine dictates that property owners have a duty to ensure that all potentially attractive features on their property that can cause injuries are properly secured from wandering children. This essentially means that if a curious child enters a person’s property and suffers injuries due to an unsecured pool, the child’s parents can hold the property owner liable.
Dram Shop Accidents
Few people are familiar with Dram Shop liability and what it means. Most states have dram shop laws, which essentially serve to hold businesses responsible for negligently serving minors and intoxicated persons alcohol.
Under the Dram Shop statute in Connecticut, a business that sells or serves liquor to an intoxicated person or a minor under 21 may be liable when that person laters injures someone. Bars, restaurants, and liquor stores can be responsible under the dram shop law.
Accidents Caused by Inadequate Lighting
Proper lighting is key, especially at night. Injuries are more likely to happen when certain areas, including walkways and parking lots or garages, are not adequately lit.
Areas with poor lighting often result in falls, usually because people cannot see where they’re walking or what’s ahead of them. Improper lighting, particularly outdoors, can also leave a person vulnerable to attacks and robberies.
Fires
When a fire injures someone while on another’s property, it can open the owner or possessor to liability. However, it’s essential to determine the cause of the fire, as some fires are not necessarily caused by an owner or occupier’s negligence.
Owners and tenants are responsible for keeping their property safe, which includes taking reasonable measures to prevent fires from breaking out. If you’re injured in a preventable fire that occurred due to negligence, you can hold the responsible party accountable for your losses under premises liability.
Where Do Premises Liability Accidents Happen?
Premises liability accidents can happen just about anywhere at any time. Some of the locations where premises liability accidents occur most frequently in Connecticut include:
- Hotels and resorts
- Shopping malls
- Grocery stores
- Office and apartment buildings
- Stadiums and arenas
- Amusement and water parks
- Airports and train stations
- Parking areas
- Parks and playgrounds
In addition to locations open to the public, premises liability incidents can also occur on private property, including homes, apartments, and condominiums.
If you’re injured on another’s property, don’t hesitate to discuss your situation with a Connecticut premises liability lawyer. An attorney can begin investigating what happened and determine whether you have a valide premises liability case.
Types of Injuries Resulting from Premises Liability Incidents
Premises liability accident injuries can range in severity based on the type of incident and the details of the accident. Nonetheless, injuries resulting from premises liability situations can be extensive and even life-threatening in serious cases.
Some of the injuries premises liability victims most often face include:
- Burns
- Lacerations
- Broken bones
- Sprains and strains
- Head and brain injuries
- Neck and back injuries
- Spinal cord injuries
- Crush injuries
- Internal injuries
These injuries can impact a person’s life in the short term, as recovery may require some lifestyle changes and time off from work. However, premises liability injuries can worsen and lead to complications, affecting victims in the long term as well. Victims may face certain issues, including chronic pain, nerve damage, and paralysis.
Compensation Available Following Premises Liability Incidents
As an injured victim, you deserve to pursue just compensation for your monetary and non-monetary losses. Damages can compensate you following a premises liability accident, and you may receive financial recovery for:
- Present and future medical expenses, including treatment and rehabilitation costs
- Loss of earnings
- Reduced earning potential
- Emotional distress
- Scarring and disfigurement
- Pain and suffering
- Loss of enjoyment of life
A premises liability attorney can assess the details of your situation to accurately calculate your damages. They can examine certain key details, including the severity of your injuries and the impacts on your life and mental health, to determine how much your case is worth and secure adequate compensation.
What Do You Have to Prove in a Premises Liability Claim in Connecticut?
To have a successful premises liability claim, you must prove the property owner or possessor was negligent, causing your accident and resulting losses. The elements you must prove for a premises liability claim in Connecticut include:
- Duty of care: The property owner or tenant owed you a duty of care as a lawful visitor on the premises.
- Breach of duty of care: The owner or occupier’s action or omissions resulted in a breach of the duty they owed you.
- Causation: The breach of duty was the cause of your accident.
- Damages: You suffered economic and non-economic damages from your accident on the premises.
The property owner or possessor will likely rebut your argument to try to harm your case. Still, a Connecticut premises liability lawyer will gather strong evidence to substantiate your claims and prove their liability to obtain a beneficial outcome.
Seek Legal Assistance from a Connecticut Premises Liability Attorney Right Away
If you’re hurt in a premises liability accident in Connecticut, do not wait to consult with a skilled Connecticut personal injury attorney and begin working on your claim. The statute of limitations for premises liability actions is only two years, which only gives you two years from the date of the accident to file a claim and seek justice.
An experienced premises liability attorney in Connecticut knows local laws and procedures related to your claim. Your lawyer can serve as your ally and work diligently to get you the best possible case result.
