Slip and Fall

Serving Fairfield and New Haven Counties

Slip and fall accidents can happen suddenly, but can result in severe injuries that could change your life forever. While some slip and fall accidents are unforeseeable and cannot be avoided, many could have been prevented if the property owner or manager had taken appropriate safety measures. When someone is injured in a slip and fall accident because the property owner or manager was negligent, the injured person may be entitled to compensation.

A slip and fall lawyer at The Lebedevitch Law, LLC, can review your circumstances, advise you on whether the property owner or manager is responsible for your injuries, and fight for the compensation you deserve.

To learn more, contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can help.

Common Causes of Slip and Fall Injuries

A slip and fall accident can happen almost anywhere: at work, in a private home, in a business, or on a public street. Some conditions that can cause someone to slip and fall include:

• Wet or uneven floors
• Uneven or defective pavement
• Spills
• Unnatural accumulations of snow or ice
• Damaged carpet or tile
• Obstructed walkways
• Missing handrails
• Insufficient lighting
• Failure to adequately warn of dangerous conditions

Common Injuries in a Slip and Fall Accident

Regardless of the cause, a slip and fall accident can result in severe injuries, such as:

• Traumatic brain injuries
• Spinal cord injuries
• Head and neck injuries
• Concussions
• Broken bones
• Knee and ankle injuries
• Bruises
• Cuts and lacerations
• Wrist, elbow, and shoulder injuries
• Soft tissue damage

Proving Liability in Slip and Fall Injury Cases

To prove liability for a slip and fall accident, the injured person must prove the following four “elements” by a preponderance of the evidence: (1) duty, (2) breach, (3) causation, and (4) damages.

Establishing the Duty of Care

A slip and fall accident is a type of premises liability claim. Premises liability is rooted in the theory that a property owner should know more about potential hazards on their property than a visitor. As a result, the property owner or manager owes a duty to visitors to keep the property reasonably safe. The specific duty of care owed by the property owner or manager depends on their relationship with the injured person.

• An invitee is on the property at the invitation of the owner. The invitation may be express, such as when a visitor is invited into someone’s home, or implied, like a store that is open to the public for business. The property owner or manager owes an invitee a duty of ordinary care.
• A licensee is on the property with the express or implied permission of the owner but is there for their own benefit. A property owner is liable for reckless or willful behavior that injures a licensee.
• A trespasser comes onto the property without the owner’s permission. Property owners owe a limited duty to trespassers and are only liable for willfully, recklessly, or wantonly causing harm.

Proving a Breach of Duty

To prove a breach of duty, the injured person must establish that the property owner or manager knew or should have known of the dangerous condition but failed to address it. A slip and fall lawyer typically presents testimony to establish how long the hazard existed, evidence of prior accidents, or video surveillance to show the property owner or manager knew or should have known of the hazard.

Causation

The injured person must prove their injuries were caused by the slip and fall and not some other factor. Typically, this is accomplished through the injured person’s medical records and expert testimony from a medical provider that establishes the fall caused the injuries.

Damages

Finally, the injured person must establish the measure of their damages. This involves establishing an amount of money that will compensate the injured person for:

• Past and future medical expenses
• Loss of income
• Pain and suffering
• Emotional trauma
• Disability
• Disfigurement
• Loss of consortium

How a Connecticut Slip and Fall Lawyer Can Help

Proving liability for a slip and fall accident can be challenging, and the property owner or manager and their insurance company may deny your claim or try to pay you less than you deserve. To fight back, you need an experienced slip and fall lawyer who knows Connecticut premises liability law and will fight to protect your rights. The Lebedevitch Law firm can analyze your situation and fight for the compensation you deserve.