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Understanding premises liability and slip and fall cases

Connecticut residents might not realize how quickly and suddenly a fall can take place and cause severe injuries, even death. Many times, these incidents are the fault of the property owner, who did not address a dangerous property condition, and it led to an accident. Understanding the facts when a person slipped and fell is a foundational aspect of receiving compensation through a legal filing. When a person suffers a slip and fall, it refers to many different factors and is a premises liability claim.

One of the most complicated aspects of a slip and fall case is proving the legal responsibility of the property owner. The case will frequently hinge on whether the owner acted carefully enough that a slip and fall was unlikely to occur.

The person who was hurt will also be scrutinized to decide whether there was carelessness. Failing to see or avoid a condition that could have been avoided will factor into a possible case.

To establish the property owner's responsibility, the following must be in effect: the owner or possessor created the condition; the condition should have been known about, and failing to correct it was negligence; and the condition was in place for a sufficient time that it should have been found and corrected.

If it is a residential property, the property owner is responsible for tenants or third parties slipping and falling on the property, if it is shown that the landlord had control over the condition; repairing it was not unreasonably costly or difficult; the injury was predictable; and the failure to repair it caused the slip and fall incident. With government property, there are special rules with immunity and protections that might make it difficult to achieve a successful legal filing.

A person who has been injured in a slip and fall accident and suffered injuries, or the family of a person who died must be cognizant of these factors. When there has been a slip and fall incident, a lawyer can help navigate the legal terrain and assist with the filing of a case.

Source: Injury.FindLaw.com, "Slip and Fall Accidents Overview," accessed on May 2, 2017

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