Falling from a height, onto a hard surface, or under any circumstances where you’re not expecting to lose your footing can result in serious injuries. If you were hurt because a property owner failed to keep their land safe, you may be able to file a lawsuit against them.
But it can be difficult to even know whether you have legal standing to file a claim like this, let alone achieve a favorable final result. That is why working with an experienced personal injury attorney can be so important. With a Torrington slip and fall lawyer on your side, you’ll have far better chances of establishing legal liability for your injuries and obtaining the compensation you deserve.
Personal injury lawsuits built around slipping and tripping accidents fall under premises liability law. These laws hold landowners to various standards of behavior based on the types of “visitors” on their land. Property owners owe larger “duties of care” to people who are visiting with their knowledge and for their benefit. Examples of this include customers in a retail store. Landowners owe lesser duties to people visiting for personal benefit, such as guests at a house party. They owe virtually no duty to anyone trespassing on their property.
Proving a landowner violated their duty of care in allowing a slip and fall accident to happen generally means proving that:
For example, suppose a store owner learns about a liquid spill in an aisle. In that case, they’re expected to put out a “Wet Floor” sign and clean the spill up within a reasonable time. Exactly what counts as “reasonable” behavior in this context, though, can be a difficult question to answer, especially without support from a seasoned Torrington slip and fall attorney.
Another wrinkle that can affect financial recovery following a slip and fall accident is the degree to which the person injured contributed to causing their injuries. This kind of misconduct is called “comparative negligence.” The court can assign a percentage of blame for an accident to any person they believe was negligent in this way.
Then, under Connecticut General Statutes § 52-572h, that court can reduce the total compensation available to the injured person in proportion to their share of fault. If their share exceeds 50 percent, they could deny them any payment. A lawyer’s help can be vital to arguing against allegations of comparative fault and maximizing compensation during a slip and fall claim in Torrington.
Even if you have lots of evidence that seems to prove a property owner failed to keep you safe, turning that evidence into fair financial recovery can be challenging. Fortunately, you have assistance from legal professionals with experience getting positive results through settlement negotiations and civil court trials.
A Torrington slip and fall lawyer at D’Amico & Pettinicchi, LLC can be your legal advocate. Our dedicated attorneys will work to make sure you get the best resolution possible. Call today to schedule a meeting.