As the owner of a seasonal business, it affected me greatly. I had to have others in the company cover my employee training and office setup days. In addition, I missed important family events and am still undergoing followup treatment. All other posts on site are marked with a bright stripe, with the exception of those at this particular entrance. My son-in-law took photos the following night of the posts at the same time/same lighting. Can I seek compensation for lost time/profits at my business?
In Connecticut the owner/manager of a shopping center may be liable to both customers and business owners for premises hazards. Naturally, one must prove that there was negligence in erecting and maintaining an unsafe post. The fact that all others were marked certainly lends support to a theory of negligence. Naturally, as in all cases, it is the totality of circumstances which have to be viewed before a determination can be make. As a business owner, you must also look at your lease, as it may address the issue of liability and recourse. An attorney will need to review any such provision to insure that it complies with the law.