Slip-and-fall accidents can occur anywhere, from your neighbor’s backyard to a big-box retail store. These accidents can cause injuries, ranging from minor bruises to traumatic brain injuries.
If you suffered injuries as a result of a slip-and-fall accident on someone else’s property, you may be wondering who is responsible for the medical expenses, lost wages, and pain and suffering you have experienced. Property owners are often the first to blame when it comes to these accidents.
Filing a claim against a property owner
If you choose to file a premises liability claim against the owner of the property where your accident occurred, you will likely need to show that they were negligent. You will need to show that:
- There was a hazard or dangerous condition on the property (e.g., slippery sidewalk, broken step, or spilled juice).
- The property owner knew of the hazard or should have known of the hazard (e.g., it was there for a reasonable amount of time, others had reported it).
- The property owner failed to fix the problem and/or failed to warn of the issue.
- You were legally on the property (e.g., shoppers are considered business invitees).
- You suffered injuries or damages as a result of the accident.
What if I am partially responsible for my accident?
While property owners are often at least partially responsible for accidents that occur on their premises, the property owner may allege that the victim partially or fully caused their own accident. The owner may allege that the victim was wearing ill-fitting footwear or clothing, walking while texting, or failing to pay attention to their surroundings. If you were less than 50 percent responsible for your accident, you can still recover damages, under Connecticut’s modified comparative negligence law. However, your damages will be reduced based on the percentage of fault assigned to you by a judge or jury.
If you want to file a premises liability claim against a property owner after your slip-and-fall, you can contact a personal injury attorney for assistance.