Property owners and managers have a legal duty to inspect their grounds regularly to ensure there are no hazards that could cause harm to guests when they enter the premises. When they fail to complete regular maintenance and uphold their duty of care, the court could hold them accountable for any resulting damages if a visitor sustains injuries in an accident.
However, premises liability laws are complex, and simply having an accident on someone’s property does not mean the court will find them guilty of negligence. An experienced personal injury lawyer at Bert McDowell Injury Law could be a valuable ally from start to finish of your case.
A proactive Stratford premises liability attorney can review the circumstances leading to your accident, collect evidence that demonstrates property owner liability, and demand the fair compensation you need to move forward with your life. Ready to pursue justice? Bring on Bert!
Types of Visitors in Stratford Premises Liability Cases
One significant factor in premises liability claims is the type of visitor that sustained injuries in the accident. Most visitors will fall within one of three categories:
The invitee enters a property for business purposes that benefit the land possessor. The owner owes the invitee the highest level of care and must keep the property hazard free and warn of dangers until they make the repairs.
The licensee enters a property for personal reasons with the owner’s permission. The property owner must warn of potential hazards but does not owe a legal duty of care to ensure the licensee does not sustain injuries from obvious dangerous conditions on the property.
The property owner does not invite a trespasser to enter their property. Therefore, they do not owe them a duty of care to keep the grounds safe when they enter the premises. However, the property owner cannot set traps and intentionally cause harm to trespassers to keep them off the land.
A well-practiced Stratford premises liability lawyer can help determine under which category the plaintiff will fall in a particular case.
Recoverable Damages in Premises Liability Lawsuits
After successfully proving that a landowner’s negligence led to an accident, the court may award damages falling within two categories: Economic damages and noneconomic damages. The first category covers monetary losses, while the latter cover the subjective losses a person faces in personal injury cases. These may include but are not limited to:
- The total cost of medical care, including future expenses
- Transportation costs to medical appointments
- Lost salary and future earning potential
- Home renovations to accommodate a disability
- Physical, psychological, and emotional pain and suffering
A compassionate premises liability attorney, such as Bert McDowell, can seek a compensation package that covers all of a plaintiff’s injury-related losses, both past, present, and future.
The Statute of Limitations to File a Premises Liability Claim
One of the most crucial laws to be aware of in personal injury lawsuits is the statute of limitations. It sets a specific deadline for the plaintiff’s time to file a claim to recover damages. According to the Connecticut General Statutes § 52-584, the petitioner must commence legal action within two years of the cause of the premises liability case.
The clock begins to run the day the accident occurs on the negligent party’s property. If the claimant fails to file suit before the deadline, the defendant has the legal right to request the court to dismiss the case entirely, even if they were at fault.
A dismissal would leave the injured person with no other options to recover compensation. A knowledgeable premises liability lawyer in Stratford can answer questions on applicable statutes and handle all the legal paperwork to avoid any unnecessary roadblocks.
A Stratford Premises Liability Attorney Can Hold a Negligent Landowner Accountable
Property owners and those responsible for the upkeep of land must ensure they uphold their legal duty to prevent injuries to visitors on their property. When they fail to adhere to the law—and you suffer damages as a result—you have every right to expect the negligent party to pay for your losses.
A successful damages award from a personal injury lawsuit could cover medical expenses, lost wages, and pain and suffering. Call a Stratford premises liability attorney at Bert McDowell Injury Law today to begin working on your case.