Connecticut Premises Liability Laws
Owning property in Connecticut comes with an important responsibility to keep visitors safe. As a property owner, you are required to maintain safe premises and prevent any kind of dangerous condition that might lead to injuries.
Whether you own a family business in Groton or a second home along Long Island Sound, it is important to understand your obligations under Connecticut premises liability laws. The Connecticut personal injury lawyer at Suisman Shapiro Attorneys-At-Law is here to help.
Understanding Premises Liability in Connecticut
In 2024, personal injury cases surged by 78%, and 35% of all nonfatal preventable injuries were related to falls on property. In addition to these numbers, preventable deaths have increased by 127%.
When someone suffers injury, or even death, on property belonging to another, they may be able to file a claim against the property owner for negligence or reckless action/inaction. If someone is hurt due to a dangerous condition that was not addressed or visitors were not properly warned against, then the property owner can be held liable.
In Connecticut, to demonstrate a case of premises liability, the following factors will need to be involved:
- Responsibility to act. Property owners owe a responsibility to act to welcome lawful visitors and maintain safe premises.
- Breach of duty. Should a property fail in this duty, they are acting in “breach of duty.” One example might include a case where wet floors were not adequately warned about in a grocery store, and a customer slipped, fell, and broke their hip.
- Causation. The injury needs to be directly caused by the dangerous condition on your property.
- Damages. Finally, the injured party needs to demonstrate that they suffered actual harm, like lost wages and medical costs, as a result of their injuries.
Defining the Status of Visitors
As a property owner, it is important to know the level of care you owe certain individuals who venture onto your property. In some cases, should an injury occur, you may not be liable at all, based on the status of the injured person. Under state law, visitor status can include:
- Invitees. This group of visitors includes any kind of customer or tenant who has entered a property for purposes related to business. These visitors are often due the highest responsibility to act, and property owners need to inspect their property for hazards and repair them in a reasonable time frame.
- Licensees. These visitors are typically considered social guests and are owed a marginally lower responsibility to act. Owners must warn these visitors of any known hazards, but are not required to actively inspect their property for hazards they may not be aware of.
- Trespassers. If someone is trespassing onto your property, under state law, you owe them no responsibility to act as the property owner unless the trespasser is a child.
At Suisman Shapiro Attorneys-At-Law, we can review a premises liability claim to determine the exact status of the individual who has sustained injury.
How to Avoid Liability as a Connecticut Property Owner
As a property owner, it is important to understand how Connecticut defines negligence and assigns liability. The state follows the rule of modified comparative negligence. This means that if the injured party is partially responsible for their injury, such as in the case where they were texting while walking and missed a spill on the floor of a grocery store, then their compensation can be reduced by their percentage of fault.
However, if the injured individual shares more than half of the fault, they will be unable to recover any kind of damages whatsoever. As a property owner, there are various ways you can minimize your risk of facing a premises liability claim:
- Follow a schedule regarding routine property inspections to identify any possible hazards on your property.
- Work quickly to repair or warn visitors about certain dangers that may be present, such as wet floors after mopping or broken staircases.
- Keep thorough documentation regarding all maintenance and repairs done to your property in order to demonstrate your due diligence.
- Follow local safety regulations and building codes, especially in cases where you own a swimming pool or a rental property.
- Install necessary lighting in all stairs, hallways, and parking lots.
FAQs
What Damages Can Be Owed in a Premises Liability Case?
In a premises liability case, there are a number of damages that can be owed to an injury victim, based on the nature of the accident and the extent and severity of their injuries. Damages typically include all the related medical costs, lost wages, lost employment benefits, and the loss of future earning capacity in cases of permanent disability.
What Is the Statute of Limitations on Premises Liability Claims?
In Connecticut, there is a strict statute of limitations placed on all cases of personal injury of two years. This means the victim of a premises liability case has two years from the date of their injury to file for compensation. If they miss out on this deadline, then their case will likely be dismissed, and they will be unable to recover any kind of compensation.
What Are the Most Common Kinds of Premises Liability Accidents?
In Connecticut, the most common kinds of premises liability accidents can include slips and falls, dog bites or animal attacks, inadequate security cases, and swimming pool accidents. Slips and falls typically include cases of spilled liquids, slick or uneven walking surfaces, crumbling or broken stairs, uncleared ice or snow, inadequate or missing handrails or safety rails, torn carpet, or cluttered walkways.
How Long Can it Take to Resolve a Premises Liability Claim?
The amount of time it can take to resolve a premises liability claim will ultimately depend on the factors involved in the case itself. For example, a premises liability case that has clear liability, strong evidence, and does not need to go to court will likely take a shorter amount of time than a case that proceeds to trial.
Hire a Premises Liability Lawyer Today
When the time comes to hire a premises liability lawyer in Connecticut, the team at Suisman Shapiro Attorneys-At-Law is here to serve you. With 80 years of experience, we have the skill and resources needed to back you through all negotiations and take a case to trial when necessary. Trust us to advocate for your rights today. Contact us online or by phone to set up an initial consultation.
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