Connecticut Personal
Injury Attorneys
New Haven, Connecticut | Weber & Rubano Law Firm

New Haven Premises Liability Attorney

Have you or someone you love been the victim of a premises liability accident in New Haven? If so, the Weber and Rubano team wants you to know that you may be eligible for financial compensation.

At the law firm of Weber and Rubano, we pride ourselves on fighting for the best possible outcome for our client’s personal injury cases by always seeking the maximum compensation in either settlements or jury verdicts.

Getting started with us is easy. We offer a free case review so that you can decide if we are the right personal injury team for you. Contact our New Haven premises liability lawyers today to get insight into your case.

How a New Haven Premises Liability Attorney Can Help

The premises liability attorneys at Weber & Rubano have the knowledge and resources needed to stand up to large companies, insurers, and their attorneys. When you retain Weber & Rubano, our legal team will walk you through the premises liability claims process and ensure you understand your case.

Our attorneys will also protect you from tactics used by insurance companies to weaken the strength of your claim or lessen its value. Weber & Rubano is skilled at building trial-ready premises liability claims to back your compensation claim.

Weber & Rubano is also dedicated throughout:

  • Investigating the details of your claim
  • Gathering needed evidence and eyewitness statements
  • Assessing your accident-related medical needs both current and future
  • Negotiating a full and fair settlement
  • Litigating your case in court if necessary

Learn more about our services and how Weber & Rubano can help you. Speak with an attorney at our New Haven office risk-free.

What is Premises Liability?

Premises liability is a domain of personal injury law that focuses on holding property owners accountable for the condition of their physical premises.

Premises liability claims are a type of personal injury claim based on negligence. When someone is injured by a dangerous or defective condition on the property of another, they may have a premises liability claim against the property owner or occupier. 

Since the domain of premises liability law is so vast, it’s difficult to quantify the number of individuals who file said cases. Still, it’s estimated that 1 in 10 cases are some type of premises liability case, yielding a total of $4 billion in damages across the United States annually.

Who Can File a Premises Liability Claim in New Haven?

In most circumstances, visitors with consent or implied consent to enter a property can file a premises liability claim in New Haven. There are three types of visitors as defined by premises liability law: invitees, licensees, and trespassers.

Visitors are typically invitees. Invitees are social guests to a home, shoppers in a store, and patrons of a restaurant. 

Invitees are owed the greatest duty of care by property owners or occupiers. Owners or occupiers of property must inspect their premises for hidden defects or hazards and repair or erect any necessary safeguards to make their premises reasonably safe for invitees. 

The second type of visitor, licensees, are contractors, utility workers, and service providers. While owed a duty of care, licensees are usually covered by their companies’ insurance. A property owner or occupier must warn licensees of known dangerous conditions or make those conditions reasonably safe for licensees. 

Finally, there are trespassers. Generally, property owners or occupiers do not owe trespassers any duty of care. However, property owners or occupiers may not lay traps to intentionally harm trespassers.

There are some exceptions for trespassers once they are discovered and for trespassing children.

Proving a Premises Liability Claim in New Haven

Proving a premises liability claim in New Haven can be difficult. A qualified visitor to a property needs to prove:

  • A hazardous condition existed on that property;
  • The property owner or occupier either knew of the condition or should have known of the condition; and
  • The property owner or occupier had a reasonable opportunity to remedy the condition.

Property owners and occupiers cannot be penalized for hazards they had no way of reasonably knowing about or no time to address.

Examples of Premises Liability Cases

When individuals think of premises liability, they probably think of slip and fall cases. Which is, of course, a good example of a premises liability case. However, slip and falls don’t cover every facet of a premises liability case. Premises liability can additionally cover other areas such as:

  • Dog Bites
  • Lack of Meaningful Maintenance
  • Defective Stairs
  • Inadequate Lighting and Security
  • Balcony Falls
  • Elevator or Escalator Malfunction
  • Fire Safety and Building Code Violations
  • Defective Sidewalks
  • Snow and ice accidents
  • Amusement park accidents
  • Playground accidents
  • Skiing and Snowboarding accidents

Regardless of the type of premises liability accident, there are damages available to victims who are injured through the negligence of property owners and occupiers.

Damages Available for Premises Liability Claims in New Haven

In the event of a premises liability claim, victims may be eligible for compensatory damages. Compensatory damages are monetary damages meant to make victims “whole” again. In personal injury law, this means returning victims as closely as possible to their pre-accident state.

There are two forms of compensatory damages available to personal injury victims. These are economic damages and non-economic damages. 

Economic damages compensate victims for any direct financial harm resulting from the incident or injury. Economic damages cover billable, identifiable expenses.

These expenses may include any of the following:

  • Lost past and future wages
  • Reduction in earning capacity
  • Doctor bills
  • Nursing costs
  • Hospital stays
  • Surgeries
  • Physical and occupational therapy
  • Medication and prescription drugs
  • Home modifications 
  • Medical equipment

Non-economic damages, in contrast, are damages that are harder to quantify financially. These damages compensate for losses without an identifiable dollar amount.

Non-economic damages may include any of these and more:

  • Pain and suffering;
  • Loss of quality of life;
  • Loss of enjoyment of life;
  • Loss of consortium; and
  • Loss of companionship.

A third type of damages, called punitive damages, is available in rare cases. Punitive Damages, also known as exemplary damages, are damages awarded by the court meant to punish the perpetrator of the victim’s harm

In order to be awarded punitive damages in Connecticut, a victim’s lawyer must prove a certain extent of malice or recklessness attributable to the perpetrator’s negligence.

Time Limits on Premises Liability Claims in New Haven

Under Connecticut law, victims of premises liability accidents have a limited period of time to file a lawsuit. This time period is called the statute of limitations. 

Unless a lawsuit is filed within the statute of limitations, the victim is barred from seeking compensation for their injuries. There are very few exceptions to this rule.

Connecticut allows two years from the date of the injury to file a premises liability lawsuit. The court may extend or “toll” the statute of limitations to the date the victim knows or should know, through reasonable investigation, the facts giving rise to the claim.

The statute of limitations may also be extended or “tolled” up to seven years for any period in which a defendant (the premises owner or occupier) remains outside of the state of Connecticut. The statute of limitations may also be extended if a defendant acts to conceal liability to the victim.

Always speak with an experienced premises liability attorney to find out the correct statute of limitations for any premises liability claim. There are special exceptions not listed here including those for government claims and children. 

Were You Injured on Someone Else’s Property?

If you or someone you love suffered injuries on someone else’s property in New Haven, it is vital to be proactive. Take the following steps to preserve your legal rights and establish a future premises liability claim should that become a necessity.

As soon as you are hurt, do the following:

  • Call for medical assistance. It is important to receive immediate medical care. Many injuries do not cause immediate pain. Brain injuries can take days to weeks to appear and need medical diagnosis right away to prevent long-term symptoms;
  • Take pictures and video of the scene at the time of the accident or as soon as possible following the accident. If you are unable due to your injuries, have someone else do this for you. It is imperative to document the scene as it is at the time of your injury. The scene will likely be cleaned up or repaired quickly;
  • Inform the store manager, property owner, or occupier of your accident. Get an accident report if possible. Get any contact information of the person in charge or of the company’s risk management department;
  • Keep any medical documentation you receive from your doctor or emergency room visit and attend your follow-up care visit. You will need to prove that you are taking all necessary steps and precautions to treat your injuries and not allow them to worsen; and
  • Contact an experienced premises liability attorney in New Haven to discuss your situation. Be sure to take any documentation you have with you to your first appointment. 
  • Do not speak with the insurance company prior to seeing an attorney. This could hurt any claim you may have and cost you financially in the end.

No one wants their life impacted by a premises liability claim. When you need advice on how to proceed after your accident, contact the experienced premises liability lawyers at Weber & Rubano.

Call Our Premises Liability Lawyers for a Free Consultation

At the firm of Weber & Rubano, we’re serious about taking negligent property managers, owners, and leasees to court over your premises liability case. With community roots in New Haven for over 60 years, our firm legal experts can get you the settlement or verdict you deserve.

Get the justice you seek today by contacting our team for your free, no-obligation premises liability case review. Our New Haven premises liability attorneys will give you our honest recommendation as to the future of your case and the next steps you need to proceed.