A legal concept known as premises liability is a common issue in personal injury cases, where an injury was brought on by an unsafe condition or hazard on the defendant's property.
However, just because you got hurt on someone else's property doesn't necessarily mean that person can be considered negligent. Furthermore, just because a property may have been in a dangerous state does not automatically prove that its owner is liable. You must prove that the property owner knew—or should have reasonably known—that the premises were unsafe and did nothing to address this.
If you have questions, consulting with a Connecticut personal injury lawyer to go over the details of your injury and accident is important. The team at Brandon J. Broderick has the experience and knowledge that will give you the best chance at success.
Contact one of our Connecticut offices to schedule a consultation and help you on the road to success in your case.
Premises Liability Explained
A personal injury claim based on an injury sustained on another party's property is known as premises liability. Premises liability lawsuits are frequently based around "negligence," or the notion that the property owner neglected to provide a safe environment of their property with reasonable care.
In Connecticut, a wide range of incidents may be covered by premises liability insurance; typical scenarios include slip and falls, dog bites or other animal assaults, and defective maintenance, such as dangerous stairs, electricity, or fires.
Any number of places, such an unshoveled sidewalk in front of a business, a spill left unattended in a grocery store aisle, or even a residential unit that has not been properly maintained by the owner, renter, or landlord, could be the scene of an injury and fall under a premises liability case.
What is Duty of Care?
You must understand who was at fault for your injuries and why they are liable while pursuing a premises liability claim.
The legal obligation that property owners have to uphold a standard of care that prevents people from getting hurt on their property is known as the duty of care. A property owner owes a duty of care to a person for a variety of reasons. Regardless of whether the person entered their land by invitation or under a license, this care is required. A person who is invited onto a property for professional or commercial purposes is called an invitee. A licensee is a person who is on the property for social or other non-business purposes.
In some circumstances, a landowner may even owe a trespasser a duty of care. If the owner knew a trespasser was there, they had a duty to warn them of any dangerous conditions. This also applies to trespassing kids who were lured onto the property and hurt as a result. This might occur if a property owner had an unaccompanied youngster drown in an unfenced pool, for example.
Compensation in CT Premises Liability Cases
A number of factors are taken into consideration while determining compensation for premises liability injuries.
The costs of medical care, hospital stays, ambulance transport, surgery, and post-treatment care like physical or occupational therapy are frequently included in economic damages, which are reasonably simple to quantify. In general, the responsible party could likely be required to pay you the full amount if the expense was incurred as a result of the harm.
You may also be able to claim lost wages if an injury prevents you from working as a result of the injury.
However, non-economic damages are determined by the mental and emotional effects that the injury has caused. Consideration is frequently given to the pain and suffering brought on by the injury or the ailment's treatment.
Need Help? Call a Connecticut Personal Injury Lawyer From Brandon J. Broderick
After an injury suffered on someone else's property, a premises liability attorney is a priceless resource. Your lawyer can look into your case, gather all relevant information, and help build you a solid case.
At Brandon J. Broderick, Attorney at Law, our team of personal injury attorneys in Connecticut have decades of experience and a support staff to provide top quality legal help. We work together alongside our clients with the goal of obtaining the best possible resolution. Whether that means agreeing on a settlement or taking your case to trial, we are up for the challenge.
Contact us immediately if you find yourself needing answers after an injury. We offer a no-obligation consultation.