We Help After an Accident or Abuse

The personal injury attorneys of Tremont Sheldon Robinson Mahoney have recovered more than $500 million in verdicts and settlements. Est 1960.

We Help After an Accident or Abuse

We Help After an Accident or Abuse

The personal injury attorneys of Tremont Sheldon Robinson Mahoney have recovered more than $500 million in verdicts and settlements. Est 1960.

We are open and ready to help…

We have modified our office to help with social distancing. We are able to see clients inside or outside the office, or by video or telephone conference.

Courts are beginning to reopen, and insurance companies are resuming normal business. We are here for you and happy to help with insurance issues, medical bills and everything else.

We are open and ready to help…
We have modified our office to help with social distancing. We are able to see clients inside or outside the office, or by video or telephone conference.
Courts are beginning to reopen, and insurance companies are resuming normal business. We are here for you and happy to help with insurance issues, medical bills and everything else.

Over $70 Million

Awards and settlements collected for child victims of sexual abuse across Connecticut involving priests, clergy, teachers, coaches and family members.

$6.2Million

Landmark verdict holding an off-duty police officer responsible for failing to prevent a fatal drunk driving accident.

$6Million

Recovered award for family after proving the medical manufacturer knew about the faulty oxygen machine that killed a patient.

$5.39Million

Won settlement for truck accident victim by taking the case before the superior court after trucking company filed for bankruptcy.

$2.1Million

Largest verdict in Connecticut history involving serious injuries after a motorcycle accident.

Home » Firm News » What is ‘constructive’ notice in Connecticut premises liability?

We’ve previously discussed many aspects of premises liability law in the state of Connecticut. Readers may remember that, in many cases, plaintiffs will attempt to recover under a negligence theory when they are injured on someone else’s property. Negligence requires a legal duty to the injured person, and we’ve touched on the various statuses people in Connecticut can have when on another’s land, namely, trespasser, licensee, and invitee. While the exact duties a landowner or possessor has to each of these types of individuals will vary, one component of a premises liability case usually remains the same: notice.

Notice is a legal term that indicates a party is aware of some fact, usually one upon which he or she can take action. In premises liability in Connecticut, notice generally applies to the land possessor and whatever hazard it is that the injured party claims caused the injury. The basic rule is that a property owners are not liable if they were not on notice that the hazardous condition existed.

Of course, this may sound a bit simpler than it actually is. Because the law doesn’t want property owners to escape liability by being willfully ignorant, there is a distinction between ‘actual’ and ‘constructive’ notice. ‘Actual’ notice occurs when a property owner (or one of his or her agents) knows specifically about the hazard, having seen it, or having been told about it, for example. ‘Constructive’ notice, on the other hand refers to conditions the owner should have known about, because they existed for a reasonable amount of time and were reasonably discoverable.

One possible example of constructive notice that may apply during Connecticut winters is the formation of ice on a surface. If temperatures have plummeted below freezing for a length of time, a property owner should reasonably be aware that ice may have formed on certain surfaces, and may have a duty to protect invitees and licensees from the hazard.

Every case of constructive notice is going to be fact-specific, so no exact time limit for the reasonableness of constructive can be given as a general matter. However, those that have experienced injury as the result of a hazard on another’s property may wish to consider calling an experienced Connecticut attorney.