A slip-and-fall or trip-and-fall is an incident in which a person falls and is injured.
Slip-and-falls generally occur because of hazardous or slippery substances. These can include ice left untreated or water on the floor in a supermarket. Trip-and-falls generally occur because of defective conditions such as uneven pavement on a sidewalk. Slip/Trip & Falls are the most common type of a premises liability personal injury case.
Under Connecticut’s premises liability law, property owners and other parties in possession of land are subject to a duty of reasonable care. This means they must provide reasonably safe conditions for all who enter and use a property – or provide adequate warning of hazards. “Wet floor” signs posted after a floor is mopped may be one example of suitable warning.
Additionally, failing to monitor properties for hazardous conditions can trigger liability.
All these claims for injury compensation must be filed within two years of the accident. However, some have much quicker notice reporting requirements. That is why it is imperative to consult with a lawyer immediately.
In addition, the legal path to achieving the most favorable outcome differs depending on whether the injuries occurred on a privately owned property or a public premises.
The Difference Between Private
And Public Properties in a Slip/Trip-&-Fall
A residential home or a commercial business is a “private property.”
Shopping malls, hotels, amusement parks and many other places people think of as public spaces are considered private property in the context of slip-and-fall personal injury cases.
Public premises liability typically applies to property owned by a government, city or town and may include government buildings and places like sidewalks adjacent to the town or city hall.
Personal injury attorneys Alan Rome, left, and Chris Sica.
Whatever the nature of a fall that caused injuries, and no matter where it happened, contact the Personal Injury attorneys of Rome Clifford Katz & Koerner for a free consultation to determine the best course of action to obtain the highest level of compensation.
Call us at 860-232-3000, or email our lead Personal Injury Partners, Attorney Alan Rome at arome@rckklaw.com or Attorney Chris Sica at csica@rckklaw.com.
Different Rules and Procedures
For Private and Public Property Slip-And-Falls
While all slip-and-fall lawsuits must be filed within two years of an incident or accident causing the injuries, there are different rules and procedures for private property and public property cases as referenced above.
For example, Section 13a-149 of the Connecticut General Statutes, which governs legal claims for compensation for injuries caused by defective municipally owned roads, bridges, and sidewalks, specifies that a formal notice of legal action for an injury from a slip-and-fall on a municipally owned and maintained sidewalk must be filed within 90 days of the injury. (There is no similar notice requirement for a slip-and-fall on private property.)
Injury cases for falls on publicly owned property can be more complicated in other ways.
Government entities like a town or city are responsible for maintaining public spaces like sidewalks in safe condition, including maintenance, providing proper warning of hazards, and engaging in diligent monitoring of conditions, but they also have certain immunities when it comes to accidents that must be understood and potentially overcome in a legal case.
Compensation for injuries from a slip-and-fall on private property is typically covered by the property owner’s insurance, but obtaining compensation for injuries sustained on a public premises can be more complicated.
The Types of Compensation You May Receive in a Slip-and-Fall Case
Anyone injured in a slip-and-fall accident caused by unsafe conditions may be entitled to compensation that includes:
- Medical expenses
- Pain and suffering
- Lost wages
- Non-economic damages for such things as quality-of-life diminishment
Don’t Delay in Contacting Experienced Injury Attorneys for a Slip/Trip-&-Fall
Those injured in any type of accident sometimes feel that, based on the circumstances, they have some level of responsibility for what happened – and that feeling can prevent them from consulting with an attorney. It shouldn’t.
Under Connecticut’s comparative negligence law, an injured party can recover damages even if they were partially responsible for an accident, as long as they were found to be less than 50 percent responsible. The rules for injuries on public property are more stringent and proof must establish 100 percent fault on the public entity being sued.
No matter the circumstances of a slip-and-fall or other accident or injury, call us for a free, no obligation consultation at 860-232-3000.
About RCKK Law
Rome, Clifford Katz & Koerner is a Hartford-based law firm whose attorneys collectively have more than 100 years of experience in a wide variety of legal areas. Whether you are dealing with a motor vehicle accident, a Workers’ Compensation injury, a Family Law matter, or a business concern, our skilled lawyers will aggressively advocate on your behalf. We represent individuals and businesses in Connecticut and throughout the New England states.