Injured on the Property of Another? Did you Slip and Fall?
Get the Compensation You Deserve!
Staying safe from harm is a concern to everyone, especially property and business owners. For persons who are injured as a result of defective or dangerous conditions on someone else’s property, there is often legal recourse available to help you get fair compensation for the injuries you have sustained. Property owners owe a duty to maintain their properties in reasonably safe conditions for their customers and guests.
Attorneys at Bartlett Legal Group, LLC have helped many people deal with injuries received while at a business or other property location. Premises Liability is an area of law that concerns all people. You should be able to visit a business or other property and be confident that you will not be injured while on those premises. If there is an injury case, it is essential to seek legal representation right away for a fair outcome.
Clients seeking help from Premises Liability Attorneys call upon the law firm of Bartlett Legal Group, LLC, to recover compensation for injury-related expenses they received while on someone else’s property or business. Visitors should expect a property to be kept in good condition, properly cleaned and repaired so they would not become injured by accident. However, accidents do happen, and with an injury, there may be good cause to recover damages. Some examples of defective or dangerous conditions include:
- Snow and Ice
- Broken / Improperly Marked Curbing
- Missing Handrails
- Stairway Defects
- Code Violations
When is a Property Owner Potentially Liable for Injuries on their Property?
When a person is injured on property owned or controlled by another, they may be able to file a lawsuit. The plaintiff must prove the following elements to succeed in a premises liability lawsuit:
- Duty of Care: Property owners have a duty to maintain their property in a reasonably safe condition for their customers and guests. Property owners further have a duty to inspect their properties for defective and dangerous conditions and to warn customers and guests of dangerous conditions they find, or should have found upon a reasonable inspection.
- Breach of Duty: In order for a property owner to have been negligent, they must have violated their duty of care. For the duty of care to have been breached, the property owner must have failed to maintain their property in a reasonably safe condition or failed to warn of a defective or dangerous condition.
- Notice: The plaintiff has the burden of proving that the dangerous or defective condition that caused their injury existed for a sufficient period of time that a property owner should have identified it. In cases involving snow and ice, the plaintiff must show that the accumulation of snow or ice existed for a sufficient period of time following the end of a snowstorm that a reasonable person should have been able to clear or treat the snow or ice. Some towns and cities have statutes and regulations setting forth what that reasonable time is.
- Causation: In addition to negligence, plaintiffs must also prove causation to have a valid claim. Injured persons must prove that the property owner’s breach of duty was the proximate cause of their injury, namely that they fell or were otherwise injured as a result of the defective or dangerous condition.
- Damages: The injury caused by the property owner’s negligence must have caused either economic or non-economic damages. This means that property owners cannot be held liable unless the injured person incurred medical bills, lost wages or damage to their future earning capacity, or pain and suffering.
What compensation are you entitled to?
In personal injury cases, compensatory damages are awarded to compensate the injured person for the harm caused by a property owner’s negligence. Compensatory damages attempt to make the victim “whole” again and provide financial compensation for economic and non-economic losses. Also known as actual damages, economic losses that may be covered include:
- Medical expenses: These damages cover the cost of hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices, and similar expenses. When an injury is severe or permanent, the personal injury victim may also be awarded compensation for future medical expenses.
- Lost wages: If you must take time away from work to recover from your injuries you may be able to collect compensation for lost wages.
- Loss of earning capacity: When a person is unable to earn the same amount of money as he or she did prior to their accident, they may be awarded compensation for a loss of earning capacity.
- Pain and suffering: Damages for pain and suffering typically compensate the victim for the physical pain caused by their injuries. These damages may also include compensation for emotional distress, which refers to anxiety, depression, fear, frustration, and other mental suffering that can develop as a result of an injury.
- Loss of Consortium: The spouse of the injured party may be able to recover compensation for the loss of marital benefits. Loss of companionship, sexual relations, affection, and comfort are among the compensable marital benefits. Loss of consortium damages is typically awarded in cases of life-changing or permanent injuries.
- Other Damages: There are other damages available in certain situations, including loss of life’s enjoyment, compensation for disability or disfigurement, loss of companionship, etc.
Attorneys at the law firm of Bartlett Legal Group, LLC, are frequently called upon for help by residents of Litchfield, Harford, Middlesex, and New Haven Counties. Attorneys Frank C. Bartlett Jr. and William P. Burns Jr. are experienced with all types of personal injury cases, including premises liability injury cases. They can help you get past this distressing time and move forward with your life.
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