Premises Liability

Connecticut Premises-Liability and Slip-and-Fall Claims

Businesses, property owners and others who control premises may be responsible when an unsafe condition causes an injury. These claims are commonly called premises-liability or slip-and-fall cases, but they can involve many types of hazards.

An injury on someone else’s property does not automatically establish a claim. Responsibility depends on facts such as who controlled the property, what condition caused the injury, whether the responsible party knew or should have known about it, whether reasonable steps were taken, and whether the condition caused the claimed harm.

Examples of Unsafe Property Conditions

  • Wet, icy or uneven walking surfaces
  • Defective stairs, railings, porches or flooring
  • Inadequate lighting or security
  • Falling merchandise or other objects
  • Unsafe parking lots, sidewalks or entrances
  • Elevator, escalator or equipment hazards
  • Swimming-pool and recreational-area hazards

Evidence Can Disappear Quickly

Property conditions often change soon after an incident. A spill may be cleaned, snow or ice may melt, surveillance video may be overwritten and a defect may be repaired. Prompt investigation can therefore be especially important.

Useful evidence may include photographs and video, incident reports, witness information, surveillance footage, maintenance and inspection records, weather information, measurements, prior complaints and medical documentation.

What to Do After a Fall or Property-Related Injury

  1. Get appropriate medical care. Describe how the incident occurred and report all symptoms accurately.
  2. Report the incident. Notify the manager, owner or other person responsible for the property and ask how to obtain a copy of any report.
  3. Document the condition. If it is safe, take photographs or video of the exact hazard and the surrounding area before conditions change.
  4. Identify witnesses. Obtain names and contact information for anyone who saw the incident or the condition beforehand.
  5. Preserve evidence. Keep the shoes and clothing involved, photographs, receipts, correspondence and information about missed work.
  6. Be cautious with statements and releases. Understand the consequences before giving a recorded statement or signing insurance documents.

These are general guidelines; the appropriate steps depend on the facts of the incident.

Compensation in a Premises-Liability Case

Depending on the evidence, recoverable losses may include medical expenses, lost income, diminished earning capacity, pain and suffering, permanent impairment and other legally compensable harm. Fault, notice, causation, insurance coverage and the injured person’s own conduct may all affect the outcome.

Focused Connecticut Representation

Attorney Robert “Bob” Cavanaugh has represented injured people exclusively since 2002 and has handled more than 3,000 cases. His prior insurance-side experience helps him anticipate how property insurers investigate and defend claims. Clients work directly with Bob, and the firm maintains a focused caseload.

Initial consultations are free. Premises-liability cases are handled on a contingency-fee basis, so no attorney’s fee is owed unless compensation is recovered.

Request a free case evaluation or call (203) 259-5400.

Frequently Asked Questions

Here are a few questions that we’re often asked regarding premises liability claims:

  • I fell at a business and the manager wants me to fill out or sign some paperwork related to the incident. What should I do? You should report the incident to the manager as soon as possible after the incident, and you should request that the manager document your injury by preparing an incident report. However, incident reports sometimes are worded in a way that minimizes the legal responsibility of the business in question. Therefore, if you are not sure about the questions or what your answer should be, you should decline filling out or signing an incident report. Instead, get the names and titles of all store employees you reported the incident to, and all witnesses who saw the incident or the aftermath. Also, save any receipts obtained if you completed a purchase. If you do fill out or sign an incident report, get a copy before leaving the premises.
  • Does my reason for being on the property where the incident occurred affect my rights in a claim for damages? Yes. Connecticut law defines different groups of individuals who are on a property: They may be classified as invitees, licensees, or trespassers. Property owners have different legal obligations to each group. Your legal classification may depend on facts unique to your claim.
  • How long do I have to pursue a claim for injuries sustained in a premises liability case or a slip-and-fall incident? In general, the Connecticut statute of limitations (the time in which you can file a lawsuit) is two years from the date of an incident that occurs on private property.
  • Are the rules different if I am suing the city for an injury resulting from a defect in a public sidewalk or in a public building? Yes. If you are suing a city, state or other government agency, the defect must meet specific standards. Otherwise, governmental immunity may bar your claim. Also, unlike claims against private entities, you are required to provide a specific, detailed notice of your claim within a relatively short time after the incident. Therefore, immediate action is essential.
  • Should I take photographs of my injuries and the accident scene? As long as it is possible and safe to do so, you should take photographs. Physical evidence of a claim may fade, disappear or be altered over time. You should take steps to preserve evidence.
  • I was attacked in a parking lot of an apartment complex. Is this considered to be a premises security issue due to lack of security present? This is often a complicated question we receive regarding premises liability. The short answer is if this type of assault has happened in the past before and the apartment complex owner or landlord knew about the inefficient security issue, then you may have a premises liability case. It is best to consult with an attorney so they can give you legal guidance on your specific case.

Case Studies

Here are a few of the cases that we have handled:

  • Grocery store injury | $1,875,000 recovery. A 49-year-old woman developed complex regional pain syndrome after her ankle was struck by a shopping cart being pushed by a grocery store employee. 
  • Parking lot injury | $425,000 recovery. A Greenwich man sustained multiple fractures following a fall in defectively designed parking lot.
  • Fall in a nursing home | $140,000 recovery after judicial mediation. As a result of an employee’s failure to warn of recent floor mopping, a 55-year-old woman sustained a torn rotator cuff when she fell while visiting in a nursing home.