It is easy to presume that if an individual falls while on another person’s property, the landowner is automatically liable. In truth, Connecticut’s slip and fall laws are far more complex. These incidents typically depend on why a visitor was on a person’s land and the circumstances that led to the fall.
Although the classic example of a grocery store fall is straightforward, most cases require greater attention to detail. With the help of a skilled personal injury attorney, a claimant could file a civil lawsuit to pay for their injuries. A Watertown slip and fall lawyer could examine a case and obtain a favorable case outcome for a plaintiff.
How Can a Slip and Fall Occur?
The first and perhaps most obvious requirement for any slip and fall case is that the incident happens on someone else’s property. Many people do not realize that a fall can even occur in their apartment. For example, if an apartment tenant’s refrigerator leaks onto the floor, they must notify their landlord. If the property manager does not quickly repair the leak and the tenant sustains an injury by slipping, the landlord is responsible for the damages.
Despite this rare example, most slip and fall accidents happen on private property, including shopping malls, grocery stores, and movie theatres. Icy walkways, liquid spills, or even water tracked during a rainstorm can create serious risks for guests visiting these common areas.
All landowners must protect visitors on their property. But in order for them to be held legally liable for an accident, a plaintiff must prove a case of negligence. A hardworking attorney in Watertown could help a claimant establish that a property owner breached a duty of care to prevent them from falling.
How to Prevail in a Slip and Fall Case
Slip and fall cases allege that a property owner was negligent in their care and maintenance of a property. However, to be liable for the damage, a landowner must have known that the hazard existed before the incident occurred. A claimant can prove negligence by demonstrating that a landowner created the risk themselves, such as by waxing a floor.
The owner’s knowledge of a hazard is often the central question of any slip and fall claim. Information including a history of similar incidents, employee logs, and video surveillance could be used as evidence in a plaintiff’s case.
Even if a landowner knows that their walkway could become icy and does nothing about it, a plaintiff’s case may still face limitations because of the concept of modified comparative negligence under Connecticut General Statute §52-572h. Comparative negligence means that a victim’s award in a civil suit can be limited by the percentage of the fault for the accident assigned to them by a jury.
For example, if a plaintiff falls on this ice and hurts their leg, the jury may find the property owner responsible. However, if the plaintiff wore high heels when they fell, a jury may determine the claimant contributed to the accident. A diligent lawyer could work to build a powerful case that places blame entirely on a negligent landowner in Watertown.
Allow a Watertown Slip and Fall Attorney to Handle Your Claim
If you slipped on another person’s property and suffered injuries, you have the right to seek compensation. Even in situations where you may have contributed to the accident due to your own carelessness, you could still be entitled to payment.
Slips and falls can cause severe injuries ranging from bruising to broken bones and concussions. A Watertown slip and fall lawyer could take the lead in your case against the landowner and their insurance company. There is a limited time to file a claim, so don’t hesitate. Contact us today to learn more.
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