Businesses and private property owners, as well as municipal and state governments, have an obligation to ensure that their property does not present an undue danger to the physical well-being of people entering the property.
If you are injured due to a hazardous condition on private or public property, you may be able to bring a legal claim seeking compensation for your injuries. This type of lawsuit is called a premises liability lawsuit.
Some more common types of premises liability lawsuits include:
Premises liability lawsuits can be complicated, and you should seek independent legal advice before accepting any settlement offer from the responsible party or an insurance company. Otherwise, you run the risk of accepting a settlement that will fall short of meeting all your financial needs after a premises liability accident.
Since 1988, the law firm of Kennedy, Johnson, Schwab & Roberge, P.C., has vigorously represented the rights of injured people throughout the state of Connecticut. We successfully handle a wide range of injury cases, including premises liability claims.
Over the course of more than 30 years of practice, our attorneys have recovered millions of dollars in settlements and jury verdicts for our clients. To learn more about these cases, please see our Cases & Verdicts page.
In a premises liability lawsuit, our job is to thoroughly research your case, work with medical and financial experts to build a strong and complete picture of your current and future financial needs, and present your case in the best possible light. With every step we take, our goal is to obtain the highest possible settlement or jury verdict on your behalf.
At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Premises Liability cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.
Under the doctrine of premises liability, property owners can be legally responsible for injuries that occur on their property (premises). However, owners are not automatically liable for every accident or injury.
Commercial property owners have a duty to provide safe conditions for their patrons and the general public. Residential landlords have a duty to their renters as well as visitors. Homeowners can be liable if the person had a lawful reason to be on the property.
Government entities are not immune to premises liability lawsuits. However, in Connecticut, you must file a notice of claim within 90 days of the accident to preserve your right to sue a municipality, school district, county or the state.
The most common premises liability claim is a slip-and-fall accident: slipping or tripping because of an unsafe property condition, such as a floor spill, icy sidewalk, uneven sidewalk or broken handrail.
Other examples include fires, hazardous exposures, falling objects, swimming pool accidents, playground injuries, animal attacks, and assaults or sexual assaults.
You deserve to be compensated for all medical care arising from your injury, including any rehab or surgery. Any lasting disability or disfigurement is compensable. If you missed work while recovering, you can be reimbursed for those wages. Personal property that was damaged (such as a smartphone) should be replaced. Lastly, you are entitled to damages for your pain and suffering.
Property owners may contest whether the injuries are serious or whether the injuries even occurred on their property. They may argue that the hazardous condition was open and obvious. They may argue there was no notice or reasonable opportunity to discover and fix the problem. They may argue that the victim was trespassing or caused their own injury through careless or reckless actions.
Special laws apply. Pet owners are strictly liable(automatically liable), whether the attack occurs on or off the owner’s property. See our Dog Bites page.
Technically speaking, no. However, the average person may make mistakes in presenting the claim or simply not be taken seriously by the property owner and their insurance carrier.
In a free consultation, our personal injury attorneys can determine if you have grounds to sue. If we take your case, we do all the investigative work and you owe no attorney fees unless we recover compensation.