Who Is Liable in a Slip and Fall Accident?

Have you fallen and injured yourself on someone else’s property by slipping on something? You might dismiss it as clumsiness—but by law, property owners need to provide a safe environment for all visitors, including you. And if their failure to do so caused your injuries, you may be entitled to compensation. Let the Law Offices of Jason L. McCoy, LLC walk you through everything you need to know.

Establishing Liability: Property Owner, Tenant, Maintenance Company

Several different parties could be liable for your slip and fall injury, so the circumstances surrounding the property’s management will play a significant role in determining liability.

For example, if the property owners failed to uphold their legal obligation to maintain their premises safely, regularly inspect their property, and address any hazards, they could bear the brunt of responsibility—especially if they knew about an issue and refused to adequately address it.

However, as in the case of leased commercial spaces, tenants sometimes control the property and its physical condition. If you slip, fall, and injure yourself in a building that the tenants were responsible for, a court could find them liable.

Occasionally, property owners or managers hire maintenance companies to clean and upkeep the property. If they neglect their duties, and their negligence causes your fall, those companies could be liable for your injuries.

Factors Influencing Liability Determination

In order to determine the liable party, your attorney and insurance company will need to investigate several factors—perhaps the most important of which is the party who had control of the property. The company or party that was responsible for maintaining the premises at the time of your injury could face liability, whether it was the owner, tenants, or maintenance crew.

However, Connecticut’s comparative negligence rule could complicate your liability claim. If, for instance, the court decides that the hazard was obvious and you failed to avoid it, or if you acted recklessly and ignored warning signs, the court could reduce your compensation by your percentage of fault.

These rules are why hiring an experienced slip and fall accident attorney will play a critical role in securing maximum compensation for your injuries.

Legal Principles of Premises Liability

Premises liability law refers to the regulations that govern slip and fall accidents in Connecticut. Under these laws, your personal injury attorney must prove the following elements to establish liability:

• Duty of Care: First, your slip and fall attorney must demonstrate that you were a guest on the premises, and the liable parties were therefore responsible for your safety (this responsibility is known as the “duty of care”).
• Breach of Duty: Next, your lawyer must prove that the liable parties breached this duty by failing to repair known hazards, conduct regular inspections, or provide adequate warnings.
• Causation: Your attorney must prove that the manager’s breach of duty directly caused your injuries.
• Damages: Finally, your lawyer must demonstrate that you, the plaintiff, suffered actual damages as a result of the liable party’s negligence.

Gathering Evidence to Prove Negligence

To prove all of the elements of premises liability, your attorney will need evidence to show the court—this can include photographs of the hazard, witness statements, and maintenance records.

If it is safe for you to do so following your slip and fall accident, take photos of the scene and the hazard immediately—these will help prove the conditions that led to your injury. Additionally, if there are any witnesses around, try to take their statements about whether they saw your accident.  

Any records showing the property owner’s maintenance practices can help demonstrate their maintenance practices; an experienced personal injury attorney can help you obtain these documents.

Slip and Fall Accident Settlement

To settle your slip and fall claim, you will need to negotiate compensation with the responsible party’s insurance company—and this will often involve a process of lowballing, counterclaiming, and more negotiation.

Make sure to account for all possible damages associated with your accident, including future lost wages and pain and suffering, and consider hiring a practiced personal injury lawyer to negotiate on your behalf.

Can You Sue a Homeowner for a Slip and Fall?

Yes, under Connecticut premises liability law, you can sue a homeowner for slip and fall damages if their negligence led to your injuries. Just like commercial property owners, residential homeowners have a duty of care to keep their visitors safe.

In most cases where you sustain an injury in a private home, the homeowner’s insurance policy will cover your accident and compensate for your medical expenses, lost wages, and other costs.

The Hartford County Slip and Fall Lawyers at the Law Offices of Jason L. McCoy, LLC Will Help You Today

If you or a loved one was injured in a slip and fall accident, the experienced Hartford County slip and fall lawyers at the Law Offices of Jason L. McCoy, LLC can help. We understand the complexities of premises liability law, and we are dedicated to securing maximum compensation for our clients. Fill out our online contact form or call us at 860-872-7741 for a free consultation. Our offices in Vernon, New Haven, and Waterbury, Connecticut serve clients throughout Tolland County, New Haven County, and Hartford County.