Premises Liability

This is a broad area that includes dangerous conditions caused by man or by nature, or a combination of both. The possessor of land is under a duty to prevent harm as it is normally the possessor who has the ability to contract and prevent dangerous conditions. The level of care that is required by the possessor and the duty to warn depends on the status of the one who comes onto the land. There is a limited duty to protect or warn trespassers, a heightened duty for conditions likely to attract children and different duties owed to invitees than for licensees. The majority of those visiting premises owned by others will be deemed invitees. The possessor of land is obligated, within reason, to inspect and maintain the premises in order to keep invitees reasonably safe. In addition, possessors of land must adequately warn invitees of any dangerous conditions that the invitee would not likely discover him/herself. See Considine v. Waterbury, 279 Conn. 830, 859 (2006). To encourage landowners to allow others recreational use of their land, Connecticut has a law that immunizes landowners under certain conditions from liability made available to snowmobiles or other recreational activities. See Connecticut General Statutes 52-557g.

Common Examples

  1. Defective Stairway - An easy example of a premises liability claim is a defective stairway that gives way and causes the traveler to lose balance and fall. The claim would be brought against the occupier of the premises and the party who had a contracted duty to keep the stairs safe. Surprisingly, this occurs frequently at construction sites. If you are injured on a construction site or job site you should always consult a lawyer to determine if an entity or person, other than the injured party's employer, was responsible for the injury.
  2. Falls Due to Snow or Ice - As we all know, with winter comes snow, sleet, freezing rain and dangerous conditions. Unfortunately, this causes many people to be injured. Connecticut law regarding the duty of care as to snow and/or ice removal is set forth in Kraus v. Newton, 211 Conn. 191 (1989). In that case, the court believed that, given no unusual circumstances, property owners may await the end of a snowstorm and an additional, reasonable length of time, before removing ice and snow from walkways and steps. The court felt that to clean walkways and steps of snow and ice during a storm was inexpedient and impractical.
  3. Criminal Acts Occurring on Premises - In general, "the possessor of land owes no duty to protect invitees from unforeseen criminal acts of third parties". (See Connecticut Law of Torts, 3rd Edition, Sec. 49, page 123). However, if the possessor knows of the probabilities of assaults in the area, the Court will impose a duty to safeguard invitees. This could require a certain level of security measures such as lighting, personnel, cameras or emergency phones.