A leisurely stroll down a familiar street can quickly transform into a life-altering event. Uneven pavement, icy patches, or hidden cracks on a sidewalk can lead to a sudden and serious fall. If you've been injured in a sidewalk accident in Connecticut, you're likely facing unexpected medical bills, lost wages, and significant pain and suffering. The question that naturally follows is, can someone be held responsible? The answer is often yes, but navigating the legal landscape of a sidewalk accident in Connecticut requires a clear understanding of state and local laws.

This article will walk you through the key aspects of pursuing a claim for a sidewalk injury. We will examine how to determine who is liable, the evidence you'll need to build a strong case, and the time limits for taking legal action. It is highly advisable to contact a Connecticut premises liability lawyer after an accident. Doing so can help you receive the maximum compensation.

Who is Responsible for a Sidewalk Accident in Connecticut?

After a painful and unexpected fall, one of the most pressing questions is determining who is legally at fault. In Connecticut, this question is answered through the legal principle of premises liability. This doctrine holds that the person or entity in control of a property has a "duty of care" to keep it in a reasonably safe condition to prevent foreseeable harm to others. When it comes to a sidewalk accident in Connecticut, applying this rule can be complex because responsibility isn't always clear-cut. Liability typically falls to one of two parties: the private property owner whose land is adjacent to the sidewalk or the government entity—such as a town or city—that owns and controls the walkway. Understanding the distinction between these two is the foundation of a successful injury claim, as the rules for proving negligence and taking legal action differ significantly for each.

Liability of Private Property Owners

In many instances, the owner of the property adjacent to the sidewalk is legally obligated to keep it in a reasonably safe condition. This includes residential homeowners and commercial business owners such as hotels or resorts. Their responsibility extends to repairing cracks, addressing uneven surfaces, and clearing hazards like snow and ice within a reasonable time after a storm.

To successfully sue a private property owner for a slip and fall on a sidewalk in CT, you generally need to prove the following:

• A duty of care existed: The property owner had a legal responsibility to maintain the sidewalk.
• The duty was breached: The owner was negligent in their maintenance, allowing a dangerous condition to exist.
• The breach caused your injuries: The hazardous condition on the sidewalk was the direct cause of your fall and subsequent injuries.
• You suffered damages: You incurred actual harm, such as medical expenses, lost income, and pain and suffering.

For example, if a storefront owner fails to repair a large, broken section of the sidewalk in front of their business, and you trip and break your arm, they may be held liable for your injuries. An attorney can help you gather the evidence needed to establish these elements.

Suing the Government for a Sidewalk Injury

What happens when the sidewalk is the responsibility of a town, city, or the state? Suing a government entity in Connecticut is possible, but it involves a different and more complex set of rules. This concept is known as municipal or sovereign immunity, which provides governmental bodies with a degree of protection from lawsuits.

However, this immunity is not absolute. Connecticut General Statutes § 13a-149 allows individuals to sue a municipality for injuries caused by a defective road or sidewalk. To succeed in such a claim, you must prove

• The sidewalk was defective and not reasonably safe.
• The municipality had notice of the defect—either actual or constructive.
• The municipality had a reasonable opportunity to fix the defect but failed to do so.
• The defect was the sole proximate cause of your injury.

What is the Time Limit for Filing a Claim in CT?

This step is where many valid claims can falter without the guidance of an experienced personal injury attorney. You must provide written notice to the correct municipal or state official within 90 days of the injury. This notice must include specific details about the incident, including

• The date and time of the injury.
• A description of the injury.
• A general description of the cause of the injury.
• The precise location of the fall.

Failure to provide this formal notice within the 90-day window can permanently bar you from recovering any compensation, regardless of the severity of your injuries or the clear negligence of the municipality.

Building Your Sidewalk Injury Case: Evidence is Key

Whether you are pursuing a claim against a private citizen or a government body, a strong case is built on solid evidence. The more information you can gather, the better your chances of a successful outcome. Here are some of the types of evidence your personal injury lawyer in CT will help you collect:

• Photographs and Videos: Immediately after the accident, if you are able, take pictures and videos of the exact spot where you fell. Capture the hazard from multiple angles and distances. Include surrounding landmarks to clearly establish the location.
• Witness Information: If anyone saw you fall, get their name and contact information. Their testimony can be invaluable in corroborating your account of the events.
• Medical Records: Seek medical attention as soon as possible after the fall, even if you think your injuries are minor. Your medical records will create a direct link between the accident and the harm you suffered.
• Official Reports: If you called the police or paramedics, obtain a copy of their reports. These documents can provide an official account of the incident.
• The Shoes You Were Wearing: Keep the footwear you had on at the time of the fall. Do not wear them again. They can serve as evidence in your case.

Understanding Comparative Negligence in Connecticut

In some cases, the defendant may argue that you were partially at fault for your own injuries. This is a legal doctrine known as comparative negligence. For example, they might claim you were distracted by your phone or that you were not paying attention to where you were walking.

In Connecticut, a modified comparative negligence rule applies. This means you can still recover damages as long as your percentage of fault is not greater than the combined fault of the other party or parties. However, your total compensation will be reduced by your percentage of fault.

For instance, if a jury determines that your total damages are $100,000, but they find you were 20% at fault for the accident, your award would be reduced by 20%, leaving you with $80,000. If you are found to be 51% or more at fault, you would be barred from recovering any damages at all. An experienced attorney will work to minimize any claims of your own negligence and protect your right to fair compensation.

What is the Time Limit to File a Sidewalk Injury Lawsuit in Connecticut?

Every state has a law, known as the statute of limitations, that sets a strict time limit on your right to file a lawsuit. In Connecticut, the statute of limitations for most personal injury claims, including those for a slip and fall on a sidewalk in CT, is generally two years from the date of the injury.

It is very important to be aware of this deadline. If you fail to file your lawsuit within this two-year period, the court will almost certainly dismiss your case, and you will lose your right to seek compensation.

As mentioned earlier, if your claim is against a government entity, you have the much shorter and very strict 90-day notice requirement. Because of these different and unyielding deadlines, it is beneficial to speak with a qualified attorney as soon as possible after your accident.

Types of Compensation You Can Recover After a Sidewalk Injury in Connecticut

A successful sidewalk injury claim can provide compensation—legally referred to as damages—for a variety of losses you have sustained. The goal of a personal injury award is to make the injured person "whole" again, at least from a financial standpoint. Some of the common types of damages include:

• Economic Damages: These are the tangible financial losses you have incurred, such as:
  • All past and future medical bills (hospital stays, surgeries, physical therapy, medications).
  • Lost wages from being unable to work.
  • Loss of future earning capacity if your injuries prevent you from returning to your previous job.
• Non-Economic Damages: These are the more subjective, non-financial losses related to your injuries, such as:
  • Pain and suffering.
  • Emotional distress and mental anguish.
  • Loss of enjoyment of life.

A skilled Connecticut personal injury attorney can help you accurately calculate the full extent of your damages to ensure you are seeking the maximum compensation you deserve.

The Importance of Hiring a Premises Liability Lawyer After Suffering a Sidewalk Injury in Connecticut

Navigating the complexities of a sidewalk injury claim in Connecticut can be a difficult undertaking, especially when you are also trying to recover from your injuries. From identifying the liable party to meeting strict notice deadlines and gathering the necessary evidence, there are many potential pitfalls that can jeopardize your case.

This is where an experienced premises liability lawyer in Connecticut can make all the difference. An attorney will handle all aspects of your claim, allowing you to focus on your health and well-being. They will investigate the accident, deal with insurance companies on your behalf, and fight to ensure you receive the justice and compensation you are entitled to under the law.

Don't assume that because you fell on a public sidewalk, you have no recourse. The law provides a path to hold negligent parties accountable, but you must act in a timely manner and follow the correct procedures.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you or a loved one has been injured in a sidewalk accident, your choice of legal representation matters. At Brandon J. Broderick, Attorney at Law, we are committed to helping our clients get their lives back on track. We understand the challenges you are facing and have a proven track record of success in handling complex personal injury cases throughout Connecticut.

Contact us today for a free, no-obligation consultation. Let us put our experience and dedication to work for you. We are available to assist you day or night.