New Haven Slip and Fall Lawyer
When a person slips and falls while on another’s property, they may think they are entitled to compensation automatically. After all, is it not the responsibility of the property owner to keep people safe? The reality is more complicated.
Whether a person who is injured on the property of another is entitled to compensation depends on a number of factors, including why the injured person was on the property in the first place.
New Haven slip and fall lawyers work with clients who meet the necessary criteria to receive fair compensation for their injuries. Contact an experienced injury attorney today to begin your case.
Connecticut Slip and Fall Laws
Slip and Fall cases are examined through the lens of premises liability. Premises liability is a type of tort, or civil action, that allows injured parties to pursue damages when injured on the property of another.
In order to win the case, the injured party generally must have had permission to be on the land. This creates a legal duty for the property owner to protect the visitor. There are three categories that people are placed in when entering another’s land:
These people are afforded the greatest legal protection. They are usually people invited onto property for a business reason, such as customers in a grocery store. These property owners have a duty to not intentionally harm visitors and to warn of any harmful conditions that he knows about.
An example can be when a spill occurs in a grocery store. The store owner needs to place adequate warnings around the spill to avoid liability.
Licensees are people who are given express permission to be on otherwise private property. These property owners are liable for licensee injuries when they: (a) know of the condition, (b) realize it involves an unreasonable risk, (c) have reason to believe the licensee will not discover the condition or risk, and (d) permit the licensee to enter or remain on the premises without exercising reasonable care to make the condition reasonably safe or warn the licensee of the condition and the risk.
In short, invitees can only claim damages when the owner essentially hides the risky conditions causing the slip.
Trespassers are anyone on private property without permission. Trespassers are afforded no protection except that the land owner may not intentionally set a trap.
Depending on an injured person’s legal status as an invitee, licensee or trespasser, New Haven slip and fall attorneys will be able to accurately evaluate the property owner’s legal liability. Once the property owner’s duty to the injured party is established, the case can be viewed through the traditional negligence lens.
Statute of Limitations for Slip and Fall Cases
One other concept is extremely important to keep in mind for slip and fall cases: the statute of limitations. In short, the statute of limitations is the legal time limit after an accident to file a complaint in court.
Connecticut Statute states that the limit for a personal injury case is only two years. Insurance companies are well-aware of this and will refuse to offer settlement terms if the statute of limitations have passed. For this reason, it is extremely important to start a claim as soon as possible.
How a New Haven Slip and Fall Attorney Can Help
If you or a loved one has been injured due to an injury that occurred on someone else’s property, New Haven slip and fall lawyers are here to help. They will evaluate your case to determine the legal liability of the owners.
Skilled attorneys will gather all of the relevant evidence including incident reports, police records, medical bills, and witness statements. Armed with this information, we will negotiate with the insurance company on your behalf.
Know your rights as a visitor and be familiar with the law. Stand up to the insurance companies who want to deny you the fair compensation that you deserve. Contact today.