What Is a Premises Liability Claim?

Premises Liability Litigation

Property owners are responsible for ensuring the safety of the grounds, buildings, and other areas of the premises which they own. Whether it is cleaning up, removing a hazard, or making repairs to alleviate a potential danger, there is a legal requirement for owners to be vigilant in the maintenance of their properties.

If you have been injured due to an unsafe condition on a property, you may be entitled to compensation through a premises liability claim. Premises liability claims can be complicated, so it is important to contact an experienced attorney as soon as possible.

For a free case review, please call Ventura Law at (203) 800-8000 today. Our premises liability lawyers serve clients in communities throughout Connecticut and New York.

Who Is Liable in a Premises Injury Case?

Negligence is the key to any premises liability claim. You must prove not only that you suffered injury on the property, but that your injury was the result of the owner’s negligence.

Dangerous premises claims may arise from accidents on virtually any type of property, including:

  • Private homes
  • Apartment complexes
  • Hotels and motels
  • Schools
  • Retail and department stores
  • Restaurants and bars
  • Business offices
  • Parks and playgrounds
  • Government-owned buildings and properties

The owners of both private residences and public buildings and spaces may be liable for injuries that occur on their properties. In addition, in accidents that occur on a commercial property, the tenant renting the space may also be liable for injuries sustained by visitors and guests.

Types of Premises Liability Claims

A variety of different factors can make a property unsafe. As a result, injuries may stem from many types of negligence on the part of the property owner or tenant.

Some of the most common premises liability claims involve:

  • Slip and fall accidents
  • Injuries caused by negligent security
  • Negligent maintenance of the premises, such as broken stairways and handrails, ripped and raised carpeting, cracked and broken pavement, etc.
  • Heavy objects falling from ceilings, balconies, shelves, and other heights
  • Dog bite injuries
  • Swimming pools that are unsecured or unsupervised
  • Electrocutions and fires from exposed or faulty wiring
  • Defective or poorly maintained elevators and escalators

In addition to dangerous conditions, property owners and tenants may be liable for failing to warn about potential hazards. This applies to temporary dangers, such as spilled liquid creating a slipping hazard, as well as long-term or permanent hazards, such as under-construction areas and awnings that can collapse under the weight of snow and ice.

Compensation in a Premises Liability Claim

The damages you may be able to recover in a premises liability case depend on the injuries you sustain and how the accident affects your life. You may be able to recover compensation for damages such as:

  • Medical bills
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Emotional anguish
  • Loss of consortium

If you lost a loved one due to injuries they sustained on a dangerous property, you and your family may be entitled to compensation through a wrongful death claim. Recoverable damages in these cases may include funeral expenses, the cost of burial or cremation, loss of financial and household support, and more.

Comparative Fault in Premises Liability Claims

Both Connecticut and New York have implemented comparative negligence rules in premises liability claims and other cases of personal injury. This means that you may be able to recover damages even if you were partly at fault for your injuries.

  • In Connecticut: You may still be eligible for compensation if your fault in the accident is “not greater than the combined negligence of the person or persons against whom recovery is sought.” Recoverable damages are reduced in proportion to your share of the liability.
  • In New York: The “culpable conduct attributable to the claimant … shall not bar recovery.” Damages are decreased according to your level of fault.

It is not uncommon in premises liability claims for property owners and their insurers to argue that you were trespassing or otherwise not legally authorized to be on the property. If fault in your claim is disputed, it is important to contact an experienced premises liability attorney who will fight for the full compensation you deserve.

Contact Our Premises Liability Attorneys Today

Injuries occur on dangerous properties every day. If you have been hurt on an unsafe property, Ventura Law can pursue a premises liability claim on your behalf.

Our lawyers have earned significant awards on behalf of clients who have been seriously injured due to the negligence of a property owner. When you contact Ventura Law, our team will treat you with respect and compassion and seek to understand how the accident has affected you and your family.

For a free consultation, please call Ventura Law at (203) 800-8000 today. Our law firm has offices in Danbury, Bridgeport, Hartford, and Norwalk, Connecticut, as well as in New York. We proudly serve clients throughout the Tri-State area.

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