An icy Hartford sidewalk. A wet aisle in a New Haven grocery store. A broken step in a Waterbury apartment building. A fall can happen in seconds, but proving who was responsible may be much more complicated.
To win a Connecticut slip and fall claim, you need to prove that the property owner or another responsible party was negligent. A slip and fall lawyer can help determine what caused your fall, who may be responsible, and what evidence can support your claim. Contact us if you have questions about your rights after a fall.
Slip and Fall Claims Fall Under Premises Liability
A slip and fall case is a type of premises liability claim. Property owners and others who control a property must take reasonable steps to keep it safe for lawful visitors.
That does not mean an owner is responsible whenever someone falls. You must show that a dangerous condition existed and that the responsible party failed to take reasonable steps to address it.
An owner may also hire a property manager or maintenance company to handle repairs, inspections, or other upkeep. Doing so does not necessarily relieve the owner of responsibility.
Depending on the circumstances, a landlord, property manager, maintenance company, or business leasing the property may also be liable for a dangerous condition.
The Four Things You Must Prove in a Slip and Fall Case
A Connecticut slip and fall claim comes down to four elements:
- Duty: The property owner or other responsible party owed you a duty of care based, in part, on why you were on the property.
- Breach: That party failed to take reasonable steps to correct a dangerous condition or warn you about it.
- Causation: The dangerous condition caused your fall and injuries.
- Damages: You suffered losses due to the fall, including medical expenses, lost income, and pain and suffering.
Proving these elements often depends on what the property owner knew about the dangerous condition before you fell.
Did the Property Owner Know About the Hazard?
A key question in many slip and fall cases is whether the responsible party was aware of the hazard or had enough time to discover it.
Actual notice means the property owner or business knew the dangerous condition existed. For example, an employee may have already received a complaint about a leaking freezer.
Constructive notice means the condition existed long enough that the responsible party should reasonably have discovered and addressed it. For example, a spill that sat in an aisle for a long time may raise questions about how often employees inspected the area.
Connecticut also recognizes a mode-of-operation rule in certain self-service business cases. The rule may apply when a business’s operations create a foreseeable risk of a particular type of hazard. In some cases, the rule allows an injured person to establish negligence without proving that the business had actual or constructive notice of the specific hazard. For example, a grape could fall from a self-service produce display, or a spill could occur in a self-service area.
Who May Be Responsible for a Slip and Fall?
Responsibility depends on where the fall happened, why you were on the property, and who controlled the area.
A grocery store, restaurant, or other business may be responsible for areas open to customers, including how it inspects and maintains those areas.
At an apartment building or other rental property, responsibility may depend on whether the landlord or tenant controlled the area. Landlords and property managers, for example, may be responsible for common areas such as hallways, stairways, lobbies, and parking lots.
Your reason for being on the property can also affect the duty owed to you. Connecticut premises liability law distinguishes among invitees, licensees, and trespassers. A customer entering a store is generally an invitee, while a social guest may be considered a licensee. Different duties can apply to each.
In any slip and fall case, determining who controlled the area where you fell can be an important part of establishing liability.
Can You Sue a Connecticut Town for a Sidewalk Fall?
Claims involving a town or city can follow different and stricter rules than claims against a private property owner.
Under Connecticut General Statutes § 13a-149, a person pursuing a claim involving a defective road must give the municipality written notice within 90 days. The notice must describe the injury, what caused it, and when and where it happened.
This law can also apply to certain falls on public sidewalks. Because the notice period is short and questions may arise about who is responsible for maintaining the area, seeking legal advice promptly after a fall on public property can be critical.
Evidence That Can Help Prove a Slip and Fall Claim
Evidence can disappear quickly after a fall. A spill may be cleaned up, ice can melt, or a broken step may be repaired. Taking a few practical steps can help preserve evidence.
After a slip and fall, try to:
- Take photographs or a video of the hazard and the surrounding area.
- Report the fall to the property owner, manager, or business and ask for a copy of the incident report.
- Get contact information from witnesses who saw the fall or the dangerous condition.
- Seek medical care and keep records related to your injuries and treatment.
- Keep the shoes and clothing you were wearing at the time of the fall.
Surveillance footage can also provide valuable evidence, especially if it shows how long a hazard was present or how the fall happened. Because businesses may not keep video indefinitely, requesting that the footage be preserved as soon as possible can help prevent important evidence from being lost.
How Connecticut’s Comparative Negligence Rule Affects Your Claim
Being partly at fault does not automatically stop you from pursuing a slip and fall claim. Under Connecticut law (C.G.S. § 52-572h), you can still recover compensation as long as your share of the blame is 50% or less.
If you are partially at fault, your final payout is simply reduced by your percentage of blame. However, if a court finds that you were more than 50% responsible, for example, if an insurer successfully argues you were fully distracted or ignored a clear hazard, you cannot recover any damages.
How Long Do You Have to File a Slip and Fall Claim in Connecticut?
Under Connecticut General Statutes § 52-584, you have two years to file a negligence lawsuit after an injury. The statute also sets an outside limit of three years from the negligent act or omission that caused the injury.
Do not confuse this deadline with the much shorter 90-day notice requirement that can apply to certain municipal claims. Gathering evidence and getting legal advice as soon as possible can help protect your claim before important deadlines pass.
Talk to a Connecticut Slip and Fall Lawyer About Your Case
Proving a slip and fall claim can require much more than showing that you fell and were injured. Questions about who controlled the property, how long the hazard existed, and what the property owner knew can all affect your case.
Gould Injury Law offers a free consultation, and we don’t take a fee unless we recover money for you. You may be entitled to compensation for medical bills, lost income, pain and suffering, and other losses. Let us fight for the money you deserve.
As part of Gould Gives Back, we believe in helping our neighbors when they need it most. Contact our Connecticut slip and fall lawyers today to schedule a free consultation.
