Cheshire Premises Liability Lawyer
If you or someone you love was injured by the negligent upkeep of a property owner, then you may be able to file a lawsuit to recoup your losses. With the help of an experienced Cheshire premises liability lawyer, you could rest assured that an experienced attorney could advocate for your needs.
To get started on filing a claim, be sure to schedule a consultation today.
Classifying People on Properties
Under Connecticut law, people who enter private property fall into one of the following categories: invitee, licensee or trespasser. This legal determination also largely defines the property owner’s responsibility and liability when faced with an injury claim.
A licensee is a person allowed on one’s property by permission or invitation. A property owner’s duty of care to this person rests on diverse factors. Generally, a property owner is subject to liability to a person for injuries sustained from a natural or artificial condition if they:
- Know of the condition
- Realize the condition involves an unreasonable risk
- Believe the person would not discover the condition or risk
- Permit the person to enter or remain on the premises without exercising reasonable care to remedy the condition
An invitee is classified as public, business or social visitor. All three are considered as invitees and are owed a higher duty of care. Property owners must inspect the premises and erect safeguards, if necessary, to render the premises reasonably safe, and bear liability for defects that would ordinarily be discoverable by a reasonable inspection coupled with the duty to give a proper warning. They are not liable to anyone for unknown latent defects that could not be discovered by the exercise of reasonable care.
A trespasser is generally owed no duty of care (with exceptions in the case of children). In Connecticut, the following rules apply to property owners when their property is trespassed upon:
- They may not intentionally harm the trespasser or lay a trap for him
- The trespasser is entitled to care after his presence is known
- There is no duty owed as relating to the condition of the premises
- The possessor of land has no duty to a trespasser if he is engaged in a dangerous activity until the person’s presence is known
- The possessor of land has no duty to warn trespassers of dangerous hidden conditions
Connecticut is one of many states with comparative negligence laws. As long as an injured party was not more than 50 percent at fault, then he or she may file a personal injury suit against the property owner.
How Could a Cheshire Premises Liability Attorney Help?
When you place your trust in a property manager’s ability to maintain a safe and hazard-free environment, you expect that they do so with the duty of care owed to you in mind. So often, however, this is not the case, and property owners neglect the responsibility they have to others, the injuries that occur are often damaging and costly.
This does not mean you simply must endure. The law provides injured victims like yourself a means to recover the compensation you need after sustaining harm. A Cheshire premises liability lawyer stands ready to help you during these trying times. Reach out today.