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Premise Liability

You Deserve Compensation

The personal injury lawyers at the Law Office of Kevin C. Ferry, LLC, located in New Britain, Connecticut, have dedicated over 20 years to representing individuals who have been injured.  Our personal injury lawyers will fight to protect your rights.  We understand how devastating any injury can be to your life.  

We will represent you – the little guy – against the large insurance companies.  We have the resources, knowledge, experience and determination to ensure you are treated fairly and justly.  Premise liability is a broad area of law that allows people who have been injured as a result of a dangerous conditions caused by man or nature, or a combination of both to recover their damages.  A premise liability case can include a slip and fall caused by snow and ice or an injury caused by faulty stair construction. It can also include inadequate security, toxic exposure to harmful substances such as asbestos and lead.

 

The Law

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 Statute 52-557g.

 

What Type of Conditions or Defects Can Lead to a Valid Premises Liability Claim?

A valid premise liability case can arise from many situations.  Some of the most common cases include: slip and falls, construction accidents, stairway injuries, sidewalk injuries, parking lot injuries, negligent security, falling merchandise, dog bites, drowning accidents, swimming pool accidents, elevator and escalator accidents, poor lighting, faulty handrails, playground injuries and amusement park injuries.

 

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 their 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.
  1.   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.
  1.    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.

 

What Should I Do If I Am Injured While On Someone Else’s Property?

Your first concern should always be your safety and obtaining medical treatment. If you are in a store or on a premise where people in possession or control of the property are available, report your injury and the defect that caused your injury. Get the name and contact information for the person to whom you report the incident.  You should also get this information for any witnesses that were on the scene.  

If you are able to, you should take photographs of the scene. If the property owner or business does not allow you to do this, do not argue with them – simply make a note of it and tell your attorney.  Finally, as the last point suggests, you should contact a Connecticut premises liability attorney.

Over the years, our personal injury attorneys have been asked many of the same questions.  For example: What should I do after a car accident? How much does it cost to hire a lawyer?  For answers to those questions and many others, see our FAQs.  We also have more detailed answers to some specific circumstances in our Personal Injury Attorney Blog. We hope you find this information helpful

Our personal injury lawyers have represented individuals with injuries ranging from neck and back strains to permanent brain injuries to death.  We handle cases throughout the entire state of Connecticut including Hartford, Waterbury, Middletown, New Britain, New Haven, Bridgeport and the surrounding towns.  Regardless of your injury or where you are located, we will aggressively fight for you. In the pursuit of justice, the Law Office of Kevin C. Ferry, LLC has recovered millions of dollars for our clients through negotiated settlements, binding arbitrations and trials. See our Results page.

Make sure your rights are protected!  If you or a loved one has been injured due to carelessness or negligence, call one of our personal injury lawyers at (860) 827-0880 for a free consultation.

 

If you cannot leave your home or medical facility, we will come to you. Do not wait to contact one of our Connecticut injury lawyers.

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kevin@kevinferrylaw.com

 

860-827-0880