When a property owner negligently maintains their premises, this poses a great risk to their visitors. Crumbling staircase and slick flooring can be especially dangerous as they leave visitors vulnerable to severe tripping accidents.
If you have been injured in a slip and fall accident, contacting a skilled personal injury attorney could be crucial to pursuing legal action and recovering compensation. An East Hartford slip and fall lawyer could assess your losses and determine the damages to which you may be entitled. En Español.
How Does Someone Prove a Slip and Fall Claim?
Similarly to property liability claims, tripping accident cases tend to be based on the negligent actions of a proprietor. An experienced East Hartford lawyer could help a claimant establish negligence in a slip and fall case. There must have been a duty of care, the care was breached, the breached caused injuries, and the injuries led to damages.
Duty of Care and Breach
Property owners have a legal obligation to keep their premises free of hazardous conditions and to warn visitors of their existence if a proprietor cannot fix them immediately. The duty of care that a proprietor owes to a visitor varies depending on the legal status of the plaintiff at the time of the accident. Invitees, such as store customers, are owed the greatest duty of care followed by licensees then trespassers. Trespassers over the age of 18 are, in most cases, not owed any duty of care.
When a proprietor fails to keep their property up to the legal standard, they may be liable for any injuries a visitor sustains as a result. Generally, a landowner must have known or should have known about the dangerous condition for a court to consider their actions a breach in their duty of care. Some examples of maintenance issues that may create hazards in slip and fall cases include:
- Potholes, unfilled or uncovered holes, or ditches
- Cracked or damaged pavement, loose stones, or gaps in the sidewalk
- Damaged flooring
- Insufficient lighting
- Wet or slippery flooring
- Landscaping hazards
- Icy sidewalks
- Malfunctioning escalators
- Congested aisles and untidy merchandise
Causation and Damages
Under Connecticut General Statutes §52-572h(c), the plaintiff’s damages must be proximately caused by the negligence of one or more defendants. This means that the property owner’s actions or failure to take action must be the direct cause of the claimant’s injuries. Additionally, a claimant may be able to prove that they sustained damages by presenting medical bills for the treatment of their injuries from their trip and fall accident.
What Are Recoverable Damages?
According to Conn. Gen. Stats. §52-572h, the damages available to a slip and fall plaintiff may include economic and emotional losses. Depending on the severity of a claimant’s injuries, an East Hartford slip and fall attorney could determine the value of a case. Some damages that a claimant may be entitled to:
- Medical care expenses
- Rehabilitative assistance
- Loss of past and future earnings
- Physical discomfort and suffering stemming from injuries
- Emotional suffering
Get in Touch with an East Hartford Slip and Fall Attorney
Seeking legal recourse could be a step toward getting back on track following a slipping accident. An East Hartford slip and fall attorney could help you understand the value of your case and the benefits of pursuing a claim for damages. To get started on your case, schedule an initial consultation today.