Stratford Premises Liability Lawyer
Property owners have a responsibility to protect their visitors from harm. Failing to take reasonable measures to maintain their property and warn others of dangerous conditions could lead to injuries and liability.
If you were in an unfortunate incident on someone else’s property that resulted in an injury, you might benefit from the care and consideration of an experienced personal injury attorney. A Stratford premises liability lawyer could help fight for your recovery and relieve you from the stress that comes with seeking legal relief on your own.
What is Premises Liability?
Premises liability cases are a category of personal injury that invokes the principles of negligence and applies them to property owners. Under the theory of premises liability, a person injured on another’s property could file a civil suit against the respective property owner to hold them accountable for their injuries.
The first element that a premises liability plaintiff in Stratford must show in a personal injury action based on premises liability is that they were exposed by an unreasonably dangerous condition while on the property. This could range anywhere from a warped floorboard, to an exposed wire. Second, the defendant must have had prior knowledge of the dangerous condition and failed to remedy the condition. Lastly, the dangerous condition must have caused the plaintiff’s injuries.
It is recommended for a victim to consult with a hardworking attorney, such as a Stratford premises liability lawyer, before taking legal action. A dedicated lawyer could guide an individual through the appropriate steps to hold the at-fault party liable for their injuries and potentially help them avoid any mistakes in the claims process.
Duty of Care
Property owners in Stratford owe a duty of care to visitors entering their premises. This duty of care to protect visitors from unreasonably dangerous conditions varies on the status of the visitor. Like most states, Connecticut differentiates the duty of care owed into three categories:
A trespasser is someone who is not lawfully permitted to be on another person’s property. In Connecticut, property owners owe no duty to trespassers regarding unreasonably dangerous conditions, until the trespasser’s presence is known. Property owners also have no duty to warn trespassers of dangerous hidden conditions, and must not intentionally harm a trespasser.
A licensee is someone that is permitted to be on another’s property, such as a social guest. Property owners owe licensees a duty of care to warn them of dangerous conditions actually or constructively known. However, property owners might not be liable for dangerous conditions that are obvious to the licensee.
An invitee is someone that has entered the property to benefit the possessor of the land or for mutual benefits such as a patron or an independent contractor. Property owners have a duty to maintain the property and keep it reasonably safe for invitees. Connecticut subdivides invitees into three types:
- Public invitees
- Business invitees
- Social invitees
Comparative Fault Standards in Stratford
Connecticut courts follow the 51 percent bar rule when determining whether a plaintiff may recover damages. Codified under General Statutes of Connecticut §52-572h, if a premises liability plaintiff in Stratford is 51 percent or more at fault for causing their injuries, they are barred from recovery. However, if a plaintiff is found 50 percent or less at fault for the incident, they may still recover, but their overall damages would be reduced by their percentage of fault.
How a Stratford Premises Liability Attorney Could Help
A seasoned Stratford premises liability lawyer could help you to obtain the damages you are owed. Attempting to seek legal recovery without legal counsel could leave you at a disadvantage against those that have legal experience. The knowledge and experience of a dedicated attorney at your side could help you weigh your options and form an actionable legal strategy. To begin taking advantage of the benefits and services of a trusted injury attorney, schedule a consultation today.