Premises liability refers to the responsibility of property owners for injuries that occur on their premises, as long as they were in possession and control of the property when the accident occurred.
A property owner’s duty in Glastonbury premises liability cases changes depending on the status of the person on the property in Connecticut. Premises liability is a highly technical area of law, which is why it is critical for injured victims to seek the services of an attorney. An experienced premises liability lawyer could help an individual establish liability and recover damages.
Standard of Reasonable Care in Glastonbury
The standard of reasonable care is a legal requirement that people exercise a similar level of care what a normal property owner would assert. If there is a dangerous object or condition on a property, a property owner should take steps to remove it. For example, if there is a gallon of milk that is spilled on a grocery floor, an employee needs to mop it up promptly and not leave it there where someone could fall.
Similarly, if a property owner knows something is dangerous on their property and they have not had a chance to fix it yet, they must clearly mark the hazard in a way that is visible to any visitors.
Ignorance of the law is no excuse, and it does not matter if the property owner is unaware of their legal obligations to assert a standard of reasonable care. Therefore, it is critical for them to understand the property owner’s duty in Glastonbury premises liability cases.
Different Classifications of Visitors
A property owner’s duty changes depending on who is visiting the property. A person’s classification can either create a heightened responsibility or a lowered responsibility.
The lowest responsibility is in the case of a trespasser. If someone trespasses on another person’s property, the landlord or possessor owes no legal obligation to that person, with very few exceptions. The law states that a trespasser is a person who goes onto someone’s land or stays on other’s land without permission to do so. If someone is told to leave and they do not, they are trespassing.
If a person is invited onto a property or it is implied that they are invited, the landowner has a heightened obligation to behave carefully and reasonably. The property owner must inspect and maintain their premises and warn invitees of any known hazards.
An invitation to a property can be an expressed or implied invitation. If a business opens its doors, for example, it is implied that a member of the public is invited to be there.
What is the Attractive Nuisance Doctrine?
The attractive nuisance doctrine is a nuance of premises liability law. Generally, individuals who own property have more of a responsibility to protect children from hazards. Young children are not able to realize the specific dangers that might exist. Therefore, property owners with particularly enticing features on their property must take specific care to prevent trespassing and maintain the property’s safety. Attractive nuisance doctrines often become relevant when homeowners have trampolines or pools. For more information, consult with a knowledgeable attorney.
How a Lawyer Could Prove a Property Owner’s Duty After an Injury
If you have been injured at a place of business or in someone’s home, an experienced attorney could help you recover compensation. Proving liability in a personal injury case may involve collecting and preserving evidence, contacting expert witnesses, and recovering video footage from the accident. Establishing a property owner’s duty in Glastonbury premises liability cases is among the most crucial steps to a successful claim. Call today to let a lawyer fight for your right to damages.