Slip and Falls in Connecticut: What You Should Know

Imagine yourself walking the streets of Old Saybrook. On your way to your favorite cafe on the Boston Post Road, you slip and fall on an ice-covered part of the sidewalk, sustaining injuries on your arm and hip.

While it’s important to call for medical assistance right away, you may be asking other questions, too. One will likely be who can be held liable for your injuries. Along the same lines, you may also be wondering who will cover your medical bills and lost wages today and in the future.

Slip and fall accidents are common in Connecticut and everywhere else in the country. The CDC documents more than 800,000 people end up in emergency rooms due to slip and fall injuries.

Slipping and falling can lead to severe injuries like hip, leg, and arm fractures. At their worst, slips and falls can result in spinal cord injuries and traumatic brain injuries.

Do not wait until a slip and fall incident catches you off guard. Read on to learn more about slips and falls in Connecticut and what you can do when these happen to you.

Common Types of Premises Liability Cases in Connecticut

The term “premises liability” covers several different circumstances. Some may be surprising. Cases related to premises liability are some of the most common personal injury cases our law firm deals with.

In Connecticut, the most common types of premises liability cases include:

Slip and Fall Cases

A slip and fall accident is the most common type of premises liability situation that occurs. In fact, falls are responsible for several million visits to the emergency room every year throughout the United States. If someone visiting a property slips and falls because of the owner’s failure to maintain a safe environment or negligence, then the owner may be responsible for the injuries that occur.

Improper Property Maintenance

It’s legally required for property owners to maintain their property to ensure other people are not harmed. These cases usually involve insufficient maintenance for a property, which can cause visitors to suffer an injury due to uneven surfaces, inadequate or unfinished construction, slippery surfaces, unsafe objects, or cracked surfaces on the property.

Dog or Other Types of Animal Bites

In most situations that involve dog or other animal bite situations, the owner can be held responsible for the injuries suffered by a victim. The only time this isn’t the case is if the injured party did not have permission or the legal right to be on the property or if the dog was trying to defend itself or another person from some type of violent offense.

Construction Site Negligence

Construction sites, and any other area where work is going on, need to be properly marked to let pedestrians know about the potential hazards present. If construction workers or managers fail to block off a dangerous construction area or provide proper warning of the hazardous conditions and someone suffers an injury, the construction company or even the property owner may be held liable for the injuries sustained by the victim.

Parking Lot Accidents

All commercial property owners may be considered liable for an injury that is sustained while in any commercial parking lot based on premises liability law. If you suffer a trip and fall accident due to inadequate lighting or if you are attacked or assaulted in a parking lot, then it may be possible for you to recover from the injuries you suffered based on premises liability law.

The Main Question: Who Is Liable for Your Slip-and-Fall Accident in Connecticut?

In any situation where you are making a claim, liability is pivotal to the claims process. Compensation can come from the person or entity liable for your injuries. The insurance provider can also pay compensation for your injuries. Compensation in Connecticut for personal injuries can cover:

• Reimbursement for medical expenses
• Wage losses since the injuries may prevent you from working
• “Pain and suffering”

In Connecticut, liability can fall on the person who owns the area or property where you slipped or fell. This form of liability is Premises Liability. Premises liability provides that property owners who failed to ensure the safety of their areas of possession or jurisdiction can be accountable for injuries sustained by people lawfully on their property.

To prevent being sued for negligence, property owners need to keep their surroundings safe. The failure to do so is considered negligence under Connecticut’s slip and fall laws. Negligence by a property owner entitles an injured person to make a personal injury claim.

Proving Liability

If you file a claim, you need to prove that the other party is liable for your injuries. Proving negligence is key to a successful claim.

In Connecticut, you can only be awarded compensation after successfully proving the other party’s negligence. You must have evidence to prove negligence. Evidence includes:

• The presence of anything that makes an area dangerous
• That the owner of the premises knew or should have known of the area’s dangers
• That the owner of the premises failed to take action despite knowing of the area’s hazards

Can an Injured Person Be Liable for a Slip and Fall Accident?

In most cases, the property owner is the one who retains most of the accountability following an incident. However, Connecticut allows property owners to shift liability to the person who slipped and fell. And, through their legal counsel they can invoke the principle of Comparative Negligence.

To understand how comparative negligence works in Connecticut, let’s use an example.

Imagine that you left a nightclub with a blood alcohol concentration (BAC) of .1. By Connecticut standards, this is 0.02 above the legal threshold (which is .08). At this BAC, your likelihood of falling increases dramatically.

While intoxicated, you walk past a grocery store parking lot, lose consciousness, fall, and hit your head. The grocery store owner may have some liability over your injuries if they could have reasonably done something to make the area safer.

However, you may have more liability if your intoxication played a larger role in your injury (more than 50%). In this example, you cannot recover any compensation from the grocery store owner, regardless of how safe or unsafe the parking lot was.

The Comparative Negligence rule determines how much compensation you can recover. However, it can also aid the defendant, or property owner avoid having to compensate you if you played a greater than 50% part in causing your injury.

The Elements of a Connecticut Slip and Fall Accident Claim

There are four main elements of a slip and fall accident claim, which include:

1. Duty of Care

A slip and fall accident falls under the premises liability rules in Connecticut. What this means is that you can only recover compensation for your injuries if you successfully prove that a property owner breached the duty of care they owed you. According to state regulations, all property owners owe customers and invited guests a duty of care.

Because of this, most times it is simple to prove that a duty of care existed. However, if you were trespassing or uninvited when the slip and fall incident occurred, then you may not be allowed to file a legal claim.

2. The Property Conditions Were Unreasonably Dangerous

If you want the chance to successfully recover compensation from the at-fault party, you must prove they did something wrong and that the actions resulted in or contributed to the injuries you experienced. What this means is that in a slip and fall claim, you must prove there were conditions that could be labeled as “unreasonably dangerous” present and that this is what resulted in your accident.

The most common examples of dangerous conditions that can cause slip and fall accidents to include:

• Cracked flooring
• Wet floors and no warning signs
• Broken stairs
• Spills that aren’t cleaned up
• Broken lights
• Unrepaired leaks
• Outdoor walkways that aren’t properly maintained
• Clutter or loose cords in walking areas

3. Constructive or Actual Notice

Based on the law in Connecticut, a property owner will only be legally liable for your slip and fall accident if they had a reasonable amount of time to act and repair or prevent the hazardous condition. What this means is if the property owner had notice of the issue, then they can be held liable. To make this clearer, victims can prove that the property owner knew or should have been aware of the hazard. It’s worth noting that ignorance of the issue is not a viable excuse. It’s necessary for property owners to take the right steps to make sure their property is safe at all times.

4. Real Damages

To successfully recover compensation after being injured in a slip and fall accident, you have to show true, actual damages. Generally, you will only be able to recover compensation based on the evidence and losses that you can prove. You should work with an attorney to ensure that you get the maximum amount of compensation possible for your injuries and losses.

4 Reasons Connecticut Slip and Fall Cases Are Tough

Awareness of the specific hurdles in Connecticut slip and fall cases allows individuals to gather the necessary evidence, build a strong legal strategy, and protect their rights. Understanding these challenges helps injured parties recognize when legal representation is crucial to ensure a fair and just outcome.

1. Burden of Proof

In slip and fall cases, the burden of proof rests on the injured party to establish that the property owner or occupier was negligent and responsible for the accident. The injured party must provide evidence that shows the property owner knew or should have known about the hazardous condition yet failed to take reasonable steps to address it.

1. Comparative Negligence

Comparative negligence is a legal principle determining the extent to which each party involved in an accident bears responsibility for the resulting injuries. Under comparative negligence, the injured party’s recoverable damages are reduced based on their percentage of fault in the incident.

Comparative negligence significantly impacts slip and fall cases in Connecticut, as it can directly affect the compensation an injured party can recover.

Here are some key aspects to consider:

• Damage Reduction: If the injured party is found partially at fault for the slip and fall incident, their recoverable damages will be reduced proportionately. For instance, if the court determines that the injured party was 30% responsible, their damages will be reduced by that percentage (Connecticut General Statutes, Section 52-572h).
• Comparative Negligence as a Defense: In slip and fall cases, Defendants may try to shift the blame onto the injured party, arguing that their actions or negligence contributed to the accident. Establishing a strong case to mitigate comparative negligence claims is crucial for maximizing compensation for the injured party.

Understanding the implications of comparative negligence is vital when pursuing a slip and fall claim in Connecticut.

1. Notice Requirement

Meeting the notice requirement in slip and fall cases can pose challenges in Connecticut. Here are some factors to consider:

• Time Constraints: Connecticut law sets a limited timeframe for providing notice, typically within 90 days from the slip and fall incident date. Meeting this deadline can be challenging, especially if the injured party deals with medical treatments and recovery.
• Lack of Immediate Awareness: In some cases, the injured party may not immediately realize the severity of their injuries or the potential long-term consequences. Delayed awareness can hinder timely notice to the property owner.
• Gathering Sufficient Evidence: The injured party must gather and preserve evidence to support their claim, including documentation of the hazardous condition and any witnesses. The challenge lies in collecting this evidence promptly, especially when injuries and recovery are the primary focus.

1. Statute of Limitations

The statute of limitations sets the time limit for an injured party to file a lawsuit after a slip and fall accident. This critical legal deadline restricts the timeframe for initiating a claim. Once the statute of limitations expires, the injured party may lose their right to seek compensation through the court system.

Connecticut has a time frame for how long your injury claim can remain valid. This duration is codified as the state’s Statute of Limitations. According to Connecticut’s Limitation of Statutes, you have two years from the date of your injury to file a claim.

For this reason, you need to file your personal injury claim as soon as the other party shows an unwillingness to compensate you. You will need the help of experienced slip and fall lawyers in Connecticut to maximize your chances of recovering compensation.

Certain situations may alter the standard statute of limitations in slip and fall cases, such as cases involving minors or delayed discovery of injuries. It is crucial to consult with an attorney to understand any exceptions that may apply to your specific circumstances.

Evaluating Damages for Your Slip and Fall Accident Case

Negligence is just one factor that goes into determining the value of your claim. Another is damage.

An injury claim is not a type of “windfall.” You should never expect to receive settlements in the millions of dollars from a minor injury you have recovered from fully.

Instead, the value of your claim increases based on the injury’s severity and how long it impacts your life. Receiving a large damage award or settlement requires you to experience serious or permanent injuries.

When damages are being determined, they will fall into one of two categories:

Economic Damages

Economic damages include how the injuries from your accident impact your financial situation. Some of the most common types of economic damages you can receive in a slip-and-fall case include the following:

• Lost income
• Costs related to medical treatment, medication, physical therapy, etc.
• Mental health counseling
• Reduced earning capacity

Economic damages can include other costs too. For example, if you must travel to medical appointments or modify your home or vehicle, you can recover the cost of these things.

Non-Economic Damages

Your non-economic damages are designed to help you recover compensation for your reduced quality of life due to the injuries you sustained in the slip and fall accident.

Common examples of non-economic damages include the following:

• Inconvenience
• Physical pain
• Lost activities
• Mental suffering

Claims adjusters and jurors can use several methods to determine your non-economic damages.

One method is the per diem theory. With this, a fact finder will assign a daily value to your total pain, suffering, and all other non-economic damages. The daily value is then multiplied by how long your injuries last.

The other method used is the multiplier theory. With this method, the fact finder will assign you a factor between 1.5 and 5.0. The factor is determined by the duration and severity of your accident-caused injuries. The selected factor is multiplied by your total economic damage amount, which provides the total damage award you receive.

When Should You Settle Your Slip-and-Fall Accident Claim?

It’s important to know what your slip and fall case is worth. This knowledge is something that only comes with experience and something a Connecticut personal injury lawyer can help you with.

An attorney can provide a fair valuation for your case. They can also discuss with you the limitations and obstacles you may face. However, trying to decide when you should settle your claim is personal. While your attorney can provide advice regarding a fair settlement amount, it’s ultimately up to you.

Along with issues related to damages and liability, you must also consider that the litigation process can take a lot of time. For example, if you have received a settlement offer of $50,000 on the table, and you may receive $55,000 if you go to trial, your attorney will likely recommend accepting the settlement.

While you are not receiving the full valuation of your case, the additional $5,000 that you could receive spread out over two years will not be worth it. Also, you may receive an overvalued settlement offer, thanks to your attorney’s ability to write a demand package. You should listen to your attorney’s advice since they likely have a lot of experience with slip-and-fall accident settlements.

Slip and Fall Lawyers Can Help You Receive Compensation

In Connecticut, the claims process can be as complicated as it is long. Going about your personal injury claim on your own can be an uphill battle.

Leave nothing to chance by contacting the slip and fall lawyers at Jonathan Perkins Injury Lawyers. Our slip and fall lawyers can help you as you battle to receive what is fair.

Call us now for a Free Consultation about your slip and fall injury in Connecticut.

Serious slip and fall incidents can sometimes lead to life-altering conditions such as spinal cord injuries, which may require long-term medical care and rehabilitation. If you or a loved one has suffered such a severe injury, our experienced New London spinal cord injury attorneys are here to help you pursue full and fair compensation for your recovery and future needs.