New Haven Premises Liability Lawyer

When you visit a private property in New Haven, there is a reasonable expectation that the property will be safe and that the property owner has taken care of their premises. However, if you suffer a slip and fall or other injury due to the property owner’s negligence, you may have grounds to file a premises liability claim. A New Haven premises liability lawyer can be a vital asset if you intend to pursue this type of case.

Representing Premises Liability Claims in New Haven, CT

Dolan Injury Lawyers, PLLC, has years of professional experience representing injured clients in all types of personal injury cases, including those pertaining to the state’s premises liability laws. If you believe a property owner is liable for your recent injury, you need a trustworthy attorney to hold them accountable and recover compensation for your damages. You have a limited time to do this, so it’s important to consult an attorney right away.

Even if fault for your injury seems readily apparent, do not make the mistake of assuming you can ensure accountability for the property owner on your own. The actual legal process of filing and winning a premises liability suit is more complex than the average person expects. Even if you managed to succeed in proving fault, you would be unlikely to achieve the same level of results an attorney could have secured for you.

Our firm will listen to your story and help you determine the most viable legal options for recovering your losses. You must be able to prove that the property owner is responsible for your damages and that you were legally present on their property when your injury occurred in order to hold them accountable. You can rely on our team to build the foundation of your claim so you can focus on your recovery with peace of mind.

Understanding Premises Liability Laws

In Connecticut, a private property owner has a legal duty of care to maintain safe premises. If a property owner notices any safety issue that could potentially harm a lawful guest, they must take steps to correct the issue immediately, block access to the area, post warning signs, or provide clear verbal warnings of the hazard to anyone likely to encounter it. The distinction between a lawful visitor and a trespasser is important.

A property owner only owes a duty of care to lawful visitors to their property. For example, invitees are those with express permission to enter the property for the property owner’s benefit, such as customers of a small business. Invitees are owed the highest duty of care from the property owner, and the property owner may need to arrange for specific inspections and take other steps to ensure the safety of all invitees.

Licensees are those with permission to enter a property for their own purposes, such as mail carriers and utility workers. Property owners must take care to prevent harm to these visitors, but the duty of care is less than what is owed to invitees. A property owner does not owe a duty of care to intruders or trespassers. If anyone enters the property without permission and suffers an injury, the property owner likely won’t be held liable for their damages.

There are some exceptions to this, however, particularly in the case of trespassers under the age of 18. If a property owner has any reason to suspect that nearby children may wander onto their property, they should take reasonable steps to prevent injuries.

Comparative Fault in a Premises Liability Case

The state enforces a modified comparative fault statute that can apply to any personal injury case in which multiple parties share fault for the damages cited in the claim. This could mean multiple defendants share fault for a plaintiff’s damages, or it could mean that a plaintiff shares fault for their damages because of their own negligence or misconduct. Each liable party has a fault percentage assigned, indicating the share of the total damages for which they are liable.

As long as a plaintiff is less at fault than a defendant, they can still claim compensation for their damages. However, they lose a percentage of their case award equal to their percentage of fault. If a plaintiff is found more at fault than a defendant, or if their injury resulted from their negligence pertaining to an open and obvious hazard on the property, they may be barred from claiming compensation from the property owner.

Building a Personal Injury Case for Premises Liability in New Haven

A premises liability claim is a type of personal injury claim filed against a private property owner when they fail to address a safety hazard that harms a lawful visitor to their property. Success with a personal injury claim in the state requires clear proof that the plaintiff suffered damages because of the defendant’s negligent care of their property, and the plaintiff must also show the full extent of these damages.

In a personal injury suit, the injured plaintiff has the right to seek compensation that will make them as whole as possible again after suffering harm from the defendant’s negligence or misconduct. The plaintiff can claim economic and non-economic damages, the former being more straightforward. Economic damages in a personal injury case typically include direct financial losses like medical expenses and lost income.

If your case pertains to physical injuries, the defendant is liable for the full cost of the medical care you need to reach maximum medical improvement from your injuries. This includes the cost of future medical care if you suffer a serious injury that demands ongoing treatment. Additionally, if you are unable to work while you recover, you can seek compensation for the income you are unable to earn during this period.

You will also have the right to seek compensation for your lost earning power if your injuries result in permanent disability that diminishes your ability to work and earn income. Your New Haven premises liability lawyer can help you accurately calculate these projected losses to maximize your recovery.

In addition to these economic damages, you also have the right to seek compensation for the pain and suffering you experienced from the accident. State law does not limit pain and suffering compensation in most personal injury cases, so the plaintiff may claim whatever amount they believe reflects the severity of the harm they experienced and the scope of long-term damage they face. Your attorney can help you maximize this aspect of your case award.

Resolving Your Premises Liability Claim in New Haven

You may have more options than you initially realize for resolving your premises liability claim. While some of these cases will need to be resolved in court, some can be settled privately. Private settlement negotiation requires the parties involved in the case to meet and discuss mutually acceptable terms for resolving the situation. As long as the defendant accepts liability and both parties are willing to compromise, it may enable a faster outcome than litigation.

However, if the defendant denies liability or if the parties cannot negotiate mutually acceptable terms in settlement, the case will need to be resolved in litigation. Courtroom proceedings may be lengthy and stressful, and the court will have the final say on the outcome of the case. Ultimately, there are potential benefits and drawbacks to either option, which your attorney can explain.

Dolan Injury Lawyers, PLLC, will aim to secure as much compensation as possible for your damages in the most efficient manner. We excel at resolving difficult settlement negotiations when possible, but our team is fully prepared to represent you in litigation if necessary. Whatever your case requires, trust our firm to provide guidance and support through all of these proceedings.

What to Expect From a New Haven Premises Liability Lawyer

The right lawyer on your side can have a significant positive impact on your experience with your case and the quality of the final outcome. Dolan Injury Lawyers, PLLC, believes in client-focused legal counsel, so we take time to get to know each client and learn as much as we can about their injuries and the effects they have had on their lives. Trust our team to develop an individualized legal strategy for you aimed at securing maximum compensation.

We can help you gather evidence you may need to prove fault for your injury, such as building maintenance records, security camera footage, and witness testimony. Once we have proven fault for your damages, we can attempt to recover maximum compensation for these damages as efficiently as possible. Depending on the details of your case, we may pursue a swift settlement or prepare to represent you in litigation.

The evidence you may need to prove liability for your damages may not be available for long, and you face time limits when it comes to filing a personal injury suit with the court. It’s vital to reach out to legal counsel as quickly as possible after your injury to have the greatest chance of success with your case. Contact us today to schedule a free consultation with a trustworthy New Haven premises liability lawyer and learn how we can help you recover.