Every property owner has an obligation to maintain good standards and conditions of their property. This is so that people who come onto their grounds cannot be injured as a result of negligence. If a person is injured as a result of someone else’s failure to take care of their property, that individual may be entitled to filing a premises liability claim. In the state of Connecticut, premises liability can protect those who are injured on another person’s property. These accidents can result in physical, mental, and emotional trauma for the injured individual. There are some cases in which the injured may be able to receive compensation for those traumas as a result of the accident.
Types of Dangerous Conditions
According to the Centers for Disease Control, falls are the leading case of brain injury in the United States. There are several ways someone could become hurt as a result of a property owner’s negligence. Some dangerous conditions that could lead to serious injuries may be:
- Broken or uneven stairs
- Missing/broken handrails
- Wet floors
- Cracked or uneven sidewalks
- Snow or ice conditions
- Restaurant or grocery store spills
- Inadequate drainage
- Inadequate lighting
Duty of Care
When pursuing a premises liability case, it is important to understand who is at fault for your injury and the reason why they are responsible. The duty of care is the legal obligation property owners have to provide a standard of care that ensures individuals are not hurt on their property. There are many reasons why a property owner has a duty of care toward an individual. This care is mandatory regardless of if the individual was on their property as an invitee or a licensee. An invitee is a person invited onto the property for business or commercial reasons. A licensee is a person on the property for non-business or non-commercial reasons, such as social gatherings.
There are some cases in which a property owner may even owe a duty of care to a trespasser. The owner is responsible for warning a trespasser of any harmful conditions if they were aware of trespasser’s presence. This is also true in the event of children trespassers who were drawn onto the property and injured as a result. This may be if a property owner has an unfenced pool and an unsupervised child drowns.
Proving a Case
To be successful in a premises liability case, several things must be proved. The injured party must prove the property owner was negligent. This requires evidence that the owner was responsible for keeping a safe premises and they did not do so, despite their obligation. The injured must also prove the injury they sustained was a direct result of the owner’s failure to maintain safe conditions. Evidence for a case can be any medical documentation of the injury, pictures of the hazard, and any witnesses to the incident.
Contact our Firm
If you or a family member have been injured as a result of property conditions and are looking to file a premises liability claim, contact The Law Offices of Marc N. Needelman today.
Marc N. Needelman is an experienced attorney working throughout the state of Connecticut. Contact the law firm to set up a free initial consultation for matters, related to real estate, personal injury, criminal defense, estate planning, and more.