Did you suffer injuries on someone else’s property in a fall or other incident? If so, you may have the right to compensation for your injuries. The Bristol, CT, premises liability lawyers at Jainchill & Beckert, LLC, can manage all the details in your case, from documenting your losses and investigating the incident to negotiating an insurance settlement and representing you in court.
Our goal is to provide our clients with the highest level of service and pursue maximum compensation in every case. We are proud of the clients who have provided testimonials describing how we helped them rebuild their lives, including those who suffered injuries in premises liability cases.
We represent hard-working individuals and families in Bristol and throughout Connecticut. To learn more, contact us today and receive a free consultation.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for injuries due to unsafe conditions. This principle applies to businesses, landlords, and homeowners. For example, the property owner may be liable if someone slips on a wet floor, trips over broken pavement, or gets hurt because of poor security. However, liability depends on whether the owner knew or should have known about the hazard and failed to fix it.
What Are the Four Elements You Must Prove in a Premises Liability Case?
The four legal elements you must prove to win a premises liability claim are:
- Duty of care — You must show the property owner had a legal responsibility to keep the premises safe. This duty applies to business owners, landlords, and homeowners who invite guests or customers onto their property.
- Breach of duty — You must prove that the owner failed to maintain a safe environment. For example, the owner could have ignored hazards like wet floors, broken stairs, or poor lighting, creating dangerous conditions.
- Causation — You must demonstrate that the owner’s negligence directly caused your injury. For example, if you fell because of a loose handrail, you must show that the accident happened because the owner failed to fix it.
- Damages — To have a valid claim, you must prove that you suffered actual harm. This harm could include medical expenses, lost wages, pain and suffering, or other economic and non-economic losses.
Who Can Be Held Liable in a Bristol Premises Liability Claim?
The property owner or business where the accident occurred is usually liable for a premises liability claim. However, other entities could be liable in certain circumstances, depending on the property type and who is responsible for its upkeep. Potentially liable parties in these cases could include the following:
- Residential property owners
- Commercial property owners
- Industrial property owners
- Business owners
- Landlords
- Property managers
- Tenants
- Homeowners’ associations
- Government agencies
- Maintenance or cleaning companies
- Construction companies or contractors
- Security companies
- Event organizers
- Venue operators.
In premises liability cases, the level of care a property owner owes someone depends on the visitor’s status. Visitors fall into one of three categories under Connecticut premises liability law:
- Invitees — Visitors that enter a property for business purposes, like customers in a store or contractors hired to repair the premises. Property owners owe invitees the highest duty of care. They must regularly inspect the property, fix hazards, and warn them of dangers that aren’t immediately obvious.
- Licensees — Visitors that are social guests, such as friends or family visiting a home. Property owners must warn licensees about known dangers, like a loose railing or a slippery deck, but they don’t have to inspect the property as thoroughly as they would for invitees.
- Trespassers — Visitors that enter a property without permission. In most cases, property owners don’t have to keep their property safe for trespassers, but they cannot intentionally cause them harm. If the trespasser is a child, the owner may be responsible for hazards like an unfenced swimming pool or an abandoned structure that could attract children.
What Types of Accidents Could Be Considered Classified as Premises Liability?
Premises liability law encompasses many types of accidents, including:
- Slip-and-fall and trip-and-fall accidents
- Staircase accidents
- Swimming pool accidents
- Elevator and escalator accidents
- Falling object injuries
- Dog bites and animal attacks
- Negligent security incidents (such as assaults or robberies)
- Fires and electrical hazards
- Toxic exposure (such as mold, chemicals, or carbon monoxide)
- Parking lot and sidewalk injuries.
What Are Some Common Premises Liability Injuries?
A hard fall or other premises liability incident can cause severe injuries, such as:
- Traumatic brain injuries
- Spinal cord injuries, including partial or complete paralysis
- Fractures and broken bones
- Soft-tissue injuries
- Internal bleeding.
What Are Some Locations Where Premises Liability Laws Would Come Into Play?
Premises liability accidents can happen almost anywhere, but some locations are more prone to these incidents. These places include:
- Grocery stores
- Restaurants and bars
- Shopping malls and retail stores
- Hotels and resorts
- Apartment complexes
- Private homes
- Office buildings
- Parking lots and garages
- Sidewalks and walkways
- Construction sites
- Amusement parks
- Gyms and fitness centers
- Schools and daycare centers
- Public parks and playgrounds
- Swimming pools
- Hospitals and nursing homes.
How Long Can a Bristol Premises Liability Case Take to Settle?
A premises liability claim may take anywhere from a few weeks to a few months or years to resolve, depending on the case. The more severe your injuries are, the more likely the insurance companies will contest your claim, which can lengthen the legal process. Similarly, your case will take longer if it goes to court, as trials require extensive preparation and multiple steps before a judge or jury hears it. However long your case takes, staying patient and letting your attorney fight on your behalf for maximum compensation is critical.
Is There a Time Limit for Filing a Premises Liability Lawsuit in Connecticut?
Connecticut law gives you two years to file a premises liability lawsuit. The period starts when you are injured or discover (or should have discovered) your injury. However, the law prohibits filing a lawsuit more than three years after the original “act or omission” that caused your injuries. Other exceptions may increase or reduce the time you have to take legal action in your case.
Additionally, crucial evidence may disappear or deteriorate within days or weeks of an accident. So, contacting an experienced personal injury attorney as soon as possible after a premises liability accident is essential to preserve your right to compensation.
Contact a Bristol, CT, Premises Liability Attorney
As personal injury attorneys with over 55 years of combined legal experience, we have the knowledge and resources to help you seek full and fair compensation. To discuss your premises liability case, contact us today at Jainchill & Beckert, LLC, and receive a free consultation.
