It is the responsibility of every property owner – public and private – to maintain a hazard-free atmosphere for all visitors. When that responsibility is not fulfilled, it creates the potential for serious accidents that can result in severe injuries to victims. If you have been injured while you were on a property that was owned or operated by another party, you may have grounds to seek compensation for your losses.
Property owners, tenants, their insurance companies and others will go to great lengths to avoid their responsibility in these matters, and many will try to place the blame on their victims as the negligent parties. Be sure that you have a capable attorney representing you from the outset. At the Law Office of Carl A. Secola, Jr, our New Haven premises liability lawyer will make sure that you have the best legal representation every step of the way. Contact us today for your free consultation and get the justice that you deserve.
What is New Haven Premises Liability?
New Haven premises liability refers to the legal concept that holds property owners or occupiers responsible for maintaining safe conditions on their premises. When individuals visit or occupy someone else’s property, they have the right to expect a reasonably safe environment. If a property owner or occupier fails to fulfill their duty to maintain safe conditions, and someone is injured as a result, they may be held liable for the injuries and damages under premises liability law.
Premises liability can apply to various types of properties, including residential properties, commercial establishments, public spaces, and more. Common examples of premises liability cases in New Haven may involve slip and fall accidents, inadequate security leading to assaults or injuries, dog bites, negligent maintenance, or hazardous conditions such as broken stairs, uneven walkways, or inadequate lighting.
To establish a premises liability claim in New Haven, the injured party must typically demonstrate that the property owner or occupier owed them a duty of care, that this duty was breached due to negligence or failure to take reasonable precautions, and that the breach directly caused their injuries and damages. Additionally, the injured party must show that they were lawfully on the property or had permission to be there.
Types of New Haven Premises Liability Cases We Handle
At the Law Office of Carl A. Secola, Jr., LLC, our personal injury lawyer in New Haven represent clients throughout Connecticut in all types of premises liability claims. We understand property owners’ duty to their visitors. As your attorneys, we work tirelessly to see that property owners are held accountable for the harm that they cause and that their victims are fully compensated for their losses of income, medical care, pain and suffering, and any other damages appropriate to their claims.
We have experience handling all types of premises liability claims, including those involving:
- Slip And Fall: Slip-and-fall accidents occur when individuals lose their footing or balance due to hazardous conditions, such as wet or slippery surfaces, uneven flooring, or obstacles. Property owners or occupiers have a duty to maintain safe premises and address potential hazards that can cause slip-and-fall accidents.
- Negligent Security: Negligent security refers to situations where property owners or occupiers fail to provide adequate security measures, leading to criminal activities, assaults, or other injuries to individuals on the property. This can include insufficient lighting, lack of security personnel, broken locks, or inadequate surveillance systems.
- Dangerous Stairways: Dangerous stairways encompass hazardous conditions related to stairs, such as broken or uneven steps, inadequate handrails, insufficient lighting, or improper maintenance. Property owners or occupiers have a responsibility to ensure that stairways are safe for use.
- Nursing Home Negligence: Nursing home negligence involves instances where residents of nursing homes or long-term care facilities suffer harm due to the negligence or misconduct of staff members. This can include cases of physical abuse, neglect, medication errors, inadequate supervision, or unsanitary conditions.
- Elevator and Escalator Injuries: Elevator and escalator injuries can occur due to malfunctions, defects, improper maintenance, or inadequate safety precautions. These accidents can result in severe injuries, such as entrapment, falls, or mechanical injuries.
- Dog Bites: Dog bite incidents can cause significant physical and emotional trauma. Owners are generally responsible for the actions of their dogs and may be held liable if their dog bites or attacks someone. Connecticut has strict liability laws for dog owners, holding them responsible for injuries caused by their dogs, regardless of the dog’s prior behavior or the owner’s knowledge of aggression.
- Insufficient Lighting: Insufficient lighting can create unsafe conditions, increasing the risk of accidents and injuries. Property owners or occupiers are responsible for providing adequate lighting to prevent hazards and ensure the safety of visitors or occupants.
- Failure To Warn: Property owners or occupiers have a duty to warn visitors of potential hazards that may not be immediately obvious. This includes placing warning signs or providing verbal warnings about dangers like wet floors, construction zones, or other unsafe conditions.
Important Laws for New Haven Premises Liability Claims
Premises liability laws in Connecticut outline the legal responsibilities of property owners or occupiers in maintaining safe premises for visitors and guests. Here are key aspects of premises liability laws in Connecticut:
- Duty of Care: Property owners or occupiers owe a duty of care to individuals who enter their premises. They must take reasonable steps to keep the property safe, address hazards, and prevent foreseeable harm to visitors.
- Invitees, Licensees, and Trespassers: Connecticut recognizes different categories of visitors, including invitees (those invited onto the property for business purposes), licensees (those with permission to be on the property for non-business reasons), and trespassers (those who enter without permission). The level of duty of care owed to each category may vary, with the highest duty owed to invitees.
- Notice of Hazards: Property owners or occupiers must be aware of hazards or dangers on their property. If they know or should have known about a hazardous condition, they have a duty to either correct the issue or provide adequate warning to visitors.
- Comparative Negligence: Connecticut follows a modified comparative negligence rule. This means that if an injured party is found partially at fault for their own injuries, their compensation may be reduced in proportion to their degree of fault. However, as long as the injured party is less than 51% at fault, they can still recover damages.
- Government-Owned Property: Claims against government entities in Connecticut, such as municipal properties, may have additional requirements and limitations. Special rules and shorter notice periods may apply when pursuing a premises liability claim against a government-owned property.
- Statute of Limitations: In Connecticut, the statute of limitations for personal injury claims, including premises liability cases, is generally two years from the date of the injury. It is crucial to file a lawsuit within this timeframe to preserve the right to seek compensation.
Why Choose the Law Office of Carl A. Secola Jr., LLC today?
Our founder, Carl A. Secola Jr., represented the plaintiff in the case of Margaret Riggione v. City of New Haven after she fell on a defective stairway, suffering fractures to her knee and arm. The city of New Haven never accepted responsibility for the accident and refused to make even a minimal settlement offer. Attorney Secola took the case to trial, and a New Haven jury awarded her $708,000 in damages.
Schedule A Free Initial Consultation With a New Haven Premises Liability Lawyer
If you or a loved one has suffered an injury due to unsafe conditions on someone else’s property in New Haven, it is important to take action to protect your rights. Our team of experienced premises liability lawyers in New Haven is dedicated to helping individuals like you seek justice and fair compensation for their injuries. At the Law Office of Carl A. Secola, Jr, we understand the complexities of premises liability laws in Connecticut and have a proven track record of success in handling a wide range of premises liability cases.
If you have been injured in an accident that occurred because of a property owner’s negligence, contact our law office to learn more about how we can help you. Our personal injury lawyers in Connecticut represent clients throughout the New Haven area. Reach us by phone at 203-891-5265.