When is a Property Owner Liable? Understanding Premises Liability Law

Every time we set foot on someone else’s property, we trust the property owner with the reasonable expectation that the space is safe. But when a negligent property owner ignores an unsafe condition on their property, the consequences can be disastrous.

Premises liability law exists to hold property owners accountable when they fail in their duty to keep guests safe. If you were injured on someone else’s property, you deserve to understand your rights and need a fierce and determined advocate on your side.

Premises Liability Law in Connecticut

Connecticut property owners have a legal duty to maintain the safety of their premises. A property owner who fails to meet this obligation can be held liable for injuries visitors sustain as a result.

The duty of care a property owner owes to a visitor depends on the nature of their relationship and why the guest is on the property.

• An invitee is someone on the property at the express or implied invitation of the owner, like when someone invites you to their home or when a store is open to the public. Property owners owe the highest duty of care to invitees.
• A licensee is on the property with the express or implied permission of the property owner, but is there for their own benefit. Property owners are liable for reckless or willful behavior that injures a licensee.
• A trespasser comes onto the property without the owner’s permission. Property owners are only liable for willful, reckless, or wanton conduct that injures a trespasser. Exceptions may apply when the injured trespasser is a child.

If a business owner, commercial property owner, or owner of a private residence is negligent and a visitor is injured, the property owner can be held liable through a premises liability claim.

Who Is Responsible for Premises Liability Injuries?

Liability for a premises injury can depend on where the accident occurred and who was responsible for maintaining that area of the property.

Landlord and Property Manager Liability

When someone other than the owner manages the property, like a landlord or property manager, that party shares responsibility for maintaining the safety of the premises. Landlords and property managers are often responsible for maintenance and upkeep of common areas of the property, such as lawns, halls, stairways, and other public spaces. Sometimes they hire outside companies to oversee maintenance, inspections, snow removal, and other functions. When these companies fail to do their jobs correctly and someone is injured, they all may be responsible.

Tenant Liability

When a tenant or another visitor is injured in a common area, the owner and the landlord or property manager may be liable. If a visitor was injured in a tenant’s private unit, the tenant may be liable.

Public Spaces

State, local, and federal governments are responsible for maintaining the safety of public spaces. When someone is injured in a public space, the injured person may need to consider bringing a claim against the government agency responsible for maintaining the area where the accident happened.

When Is a Property Owner Liable for Premises Injuries?

Most premises liability claims arise from preventable hazards. Property owners, landlords, management companies, and tenants all have a duty to address potential hazards. Common accidents that give rise to premises liability claims include:

• Slips and falls caused by icy conditions, wet floors, or poor lighting
• Trip and falls due to uneven surfaces, exposed wires, and objects left where people walk
• Falling objects, such as improperly secured merchandise, lumber falling at a construction site, or tools falling from a balcony
• Negligent security, when the property owner fails to take adequate precautions to prevent crime
• Negligent maintenance, when someone is injured because the property owner or manager failed to maintain the property in a safe condition
• Swimming pool accidents due to dangerous conditions that cause injuries or death

What To Do If You Were Injured on Someone Else’s Property

If you were injured on someone else’s property, you can protect yourself and your legal rights so you can obtain the compensation you deserve.

• Seek medical attention. After an injury, seek appropriate medical attention as soon as possible, even if your injuries seem minor. Some injuries are not immediately apparent, and a medical provider can perform a thorough examination to evaluate the nature and extent of your injuries and provide appropriate care and treatment.
• Report the incident. Notify the property owner or manager of the incident as soon as possible. Provide a detailed account of what happened and any injuries you sustained. Ask them to document the incident, and request a copy for your records.
• Document the scene. If possible, take photographs of the accident scene, including any hazardous conditions that contributed to your injuries. This can provide valuable evidence to establish the existence of dangerous conditions.
• Collect witness information. Request contact information from anyone who saw the accident or can provide information about dangerous conditions on the property.
• Preserve evidence. Keep any potentially relevant evidence, such as the shoes you were wearing, your clothing, or damaged personal belongings. This evidence can help establish the extent of your injuries and how the accident affected your life.
• Consult with an experienced premises liability attorney. A qualified and experienced premises liability attorney can evaluate your situation, explain your options, and represent you in your claim for damages.

Injured on Someone Else’s Property? Contact The Lebedevitch Law Firm, LLC, Today.

Proving your Connecticut premises liability claim can be challenging. Stephen Lebedevitch is an experienced Connecticut personal injury attorney who can explain your rights and fight for the compensation you deserve.

The Lebedevitch Law Firm, LLC, is based in Fairfield, Connecticut, and handles premises liability cases throughout Fairfield and New Haven counties.

To learn more, contact The Lebedevitch Law Firm today to schedule a free, confidential consultation to discuss your situation and how we can help.