Property owners in New Haven, CT, are generally responsible for protecting visitors from both obvious and hidden hazards, including anything that could lead to a slip and fall or other accidents. When they don’t, a New Haven Premises liability lawyer can help.
If you or a loved one has recently been injured in a premises-related incident, you may be entitled to compensation. However, the claims process is challenging since insurance companies are reluctant to provide large settlements. Our New Haven personal injury lawyer has the experience necessary to recover the compensation you deserve.
Contact the Claggett, Sykes & Garza today for a free consultation.
Compensation After a Premises-Related Injury in New Haven
In Connecticut, property owners are obliged to maintain a safe environment for potential visitors and address any hazards on the premises, or at the very least, notify guests about their existence.
Whether you’ve experienced a slip and fall, a trip, a dog attack, or have become a victim of a crime, you might have grounds to file a premises liability claim.
Possible damages in a New Haven premises liability case include:
- Medical bills: In a premises liability case, you may be entitled to compensation for your medical expenses. This category includes hospital bills, doctor’s fees, medication costs, and any other necessary treatments related to your injury.
- Lost wages: If your injuries result in missed workdays, reduced income, or even the loss of your job, you can seek compensation for the income you would have earned had the accident not occurred.
- Pain and suffering: In addition to actual costs, you can also claim damages for the physical and emotional pain and suffering you’ve endured due to your injuries.
- Wrongful death: If a loved one tragically passed away after a premises-related accident, you may be able to pursue compensation for the loss of their companionship and financial support and the emotional distress resulting from their death.
Choosing the right New Haven premises liability lawyer is crucial, as their experience and resources are what ensure you receive fair compensation. At The Claggett, Sykes & Garza, we have a proven track record of successful case results in various jurisdictions across the state.
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What Type of Care Does a Property Owner Owe?
Proving responsibility on the part of the property owner can be challenging. To establish this responsibility, you must show that the property owner had a duty of care towards the injured party, which varies based on the nature of the visit.
- Business invitees: These visitors typically enter the property for the financial benefit of the property owner, such as customers at retail establishments, hotel guests, or tenants. Property owners owe business invitees the highest duty of care, including regular property inspections and warnings of any hazards.
- Licensees: These visitors could be social guests or neighbors who enter a property for non-business purposes. While property owners must address known hazards for licensees, their duty of care is somewhat lower, and they may not be liable for hazards they were unaware of.
- Trespassers: Property owners owe the lowest duty of care to trespassers, but they are still not allowed to create hazards to harm them deliberately.
Proving the owed duty of care is crucial but can be complex, especially when evidence quickly disappears after an incident. This underscores the importance of consulting with a qualified attorney soon after your accident.
Another factor to keep in mind is Connecticut’s two-year statute of limitations for personal injury claims. Some notices may have to be given in as little as 90 days after an injury. You should consult an experienced premises liability attorney as soon as possible to preserve your right to compensation.
Potential Defenses in a Premises Liability Case
Even if you’ve established your legal right to be on a property, you can anticipate a robust defense from the property owner or caretaker and their insurance company.
They might raise various defenses, including:
- Lack of knowledge: The opposing counsel might claim the defendant was unaware of the hazardous condition’s existence.
- Warning measures: They could argue that the defendant took proper precautions to alert visitors to the condition, such as using warning signs or cones.
- Open and obvious condition: They could say that a reasonable person would have noticed the dangerous condition.
- Plaintiff’s negligence or location: They might suggest that the plaintiff wasn’t paying attention or was in a restricted area when the injury occurred.
This is where having a dedicated premises liability attorney can be invaluable. One of our attorneys can assist your case by gathering the necessary evidence to establish the property owner’s responsibility. Due to the potential involvement of tenants and third-party occupants, this process can be complicated.
Once liability is established, your attorney can negotiate the highest settlement possible with the insurance companies. If the insurers are uncooperative during negotiations, pursuing a civil lawsuit is the next step.
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Consult With a Premises Liability Lawyer in New Haven
The dedicated attorneys at The Claggett, Sykes & Garza vigorously advocate for the rights of injury victims across the state. If you or a loved one has sustained injuries on another person’s property, we could assist you in securing fair compensation from a negligent property owner.
Remember, Connecticut limits the time you have to file a lawsuit, so don’t wait to take action. Our firm accepts premises liability cases on a contingency basis, which means you won’t have to pay any fees unless we succeed in your case.
Call or contact us online today to arrange a free initial consultation.
