This space has previously taken up the issue of what the three basic statuses are of people who are present on property owned by someone else. To refresh, these statuses include: licensee, invitee and trespasser. The reason the status of a visitor is important is that it affects the duty owed by the property owner to that individual. This may have quite an effect on a civil suit if a visitor in injured on the property. We recently discussed the duties a property owner may owe to a trespasser, but what about the other two categories?
Previous posts here have discussed the aspects of negligence, as it is generally the most widely used cause of action in civil lawsuits in Connecticut when a person has been injured in a motor vehicle accident caused by someone else. Understanding the basics of such a claim and the elements is important, but so too is knowing the possible defenses a negligent driver might use to attempt to avoid liability.
A previous post here discussed the use of care plans for people in Connecticut who need to reside in a nursing home or other care facility. These plans are a written roadmap for the care of an elderly or disabled person that should be tailored to that individual's specific needs and desires. These plans can be followed by care facilities so that they can better provide appropriate care and be held accountable for any neglect and abuse that might arise.
Previous posts here have discussed the concept of "contributory" and "comparative" negligence as defenses to damages caused by another person's negligence. To refresh, the idea is that if both parties were negligent, the amount that a plaintiff can recover can be reduced or eliminated altogether, depending on the percentage of fault. While this may seem more likely to occur in cases like motor vehicle accidents or slip and falls cases, Connecticut law makes it clear that such defenses are available to defendants in medical malpractice cases as well.
Previous posts here have briefly discussed the various types of status a person may have when present on property owned by another person in Connecticut. Our readers may remember that a person may fall into one of three general categories relevant to this discussion: invitee, licensee and trespasser. We have also touched on the very basic duties a property owner owes to people who fall into each classification. In this post, we'll look a little more closely at what duty an owner may have to someone on the property without permission; i.e. a "trespasser."
On September 2, 2016, Samsung decided to recall its newest smartphone, the Galaxy Note 7. It has sold 2.5 million units of the phone. The recall comes less than a month after the phone's release.
Previous posts here have discussed some of the potential types of abuse and neglect that a resident in a long-term care facility or nursing home might be subject to in Connecticut. Previous posts have also touched on the rights that residents in such facilities have as far as the state is concerned. Here, we will discuss one way in which nursing home residents and their families can help to reduce the chances of neglect and abuse.
In a typical negligence case, the plaintiff must show his injuries were caused by someone to who owed the victim a legal duty and that the defendant breached that duty by not acting as a reasonable person would under similar circumstances. A medical malpractice case is similar to a typical negligence case in many ways, but one big difference applies to the reasonable person standard. Because medical training is so specialized, a medical provider's reasonableness is judged not against the typical person, but to the standards of his or her profession.
In our past few posts dealing with premises liability, we have gone through the various elements of a negligence case, which is generally the theory under which Connecticut plaintiffs attempt to recover in these kinds of lawsuits. You may remember we have briefly discussed the elements of duty, breach, cause-in-fact and proximate cause. That leaves one last element required to recover under a negligence theory: damages.
This blog has discussed various aspects of negligence, both when it comes to car accidents, and other personal injury lawsuits. The basic concepts in these cases are the same, though the facts are likely to differ widely. One concept that may be valuable to Connecticut residents who suffer damages in a motor vehicle accident is that of "comparative negligence."