With winter upon us once again, homeowners and owners of commercial properties need to refresh their memories about their responsibilities to pedestrian safety, and specifically the question of who is responsible for clearing a public sidewalk of snow and ice in Connecticut. The legal question is not entirely clear, as different municipalities in the state have different ordinances regarding whether or not a local municipality is responsible and whether property owners are required to remove the snow and ice. But even without a specific, overriding law, if the owner of a property is aware – or should have been aware – that their property presents a danger, then they can be held legally and financially responsible for any injuries that result from them not taking proper care. At Jonathan Perkins Injury Law, we have seen far too many people suffer serious injury as a result of property owners failing to shovel and salt. We encourage everybody to look out for their neighbors this year by taking appropriate action.
The question of who is required to clear snow and ice revolves around a legal principle known as premises liability. Generally speaking, a property owner, or in their absence whoever they have put in charge of the custody or control of their property, has what is known as a duty of care to ensure that people who are on their premises are not subjected to any hazardous conditions, and that if somebody is injured as a result of a hazard that the owner knew or should have known about and did not address, then the owner can be held responsible. A person who has fallen because of unshoveled snow or ice can generally prevail in a personal injury lawsuit if they can prove that a dangerous condition existed, that the person who had the duty of care knew or should have known about the condition, and that the situation had been present for a long enough period of time that they could have remedied the situation. In effect, this means that if it the snow and ice have been present for a few days and has not been cleared away, then the owner can be held responsible, but if it iced overnight and the slip and fall accident took place at 6 in the morning, it is less likely that they will be because they did not have the time to get it cleaned up. The same is true in Connecticut of an ongoing storm: even though a property owner has a duty to remove dangerous accumulations of ice and snow, the law generally permits them to wait until the end of a storm, plus a reasonable amount of time afterwards to remove what has accumulated.
Every situation is different, and what is most important for all sides is keeping people safe. At Jonathan Perkins Injury Lawyers, we encourage property owners to be vigilant in shoveling and salting in order to minimize the risk of people getting injured on your property, and we encourage all those walking to take extra care during inclement weather. If you do suffer an injury as a result of an unshoveled walk, contact us to set up a free consultation to discuss your rights and whether you are eligible to receive compensation.
Liability is a legal term that refers to being legally responsible — a person or entity that is determined to be liable has to provide compensation for expenses incurred. Liability is what we set out to prove in personal injury cases: the attorneys at Jonathan Perkins Injury Lawyers gather evidence showing negligence so that those who are responsible for an injury are made to pay for the damages that have been suffered. There are many different types of personal injury cases that we pursue on behalf of our clients, including premises liability cases. In a premises liability case, a property owner or manager that has been negligent or careless in making sure that their premises are safe are held responsible for injuries that occurred on their property. The most common premises liability cases involve people slipping and falling as a result of poor maintenance.
The basic idea behind premises liability is that property owners need to exercise a reasonable duty of care for those who enter their property and that we have a right to be able to enter a property without fearing for our safety. Though a property owner may not be held completely responsible for damages if we are partially at fault for what happens and were not sufficiently careful, the general principle remains – if a person is invited onto a property, or is a welcome guest or a person is on the property to do business at the consent of the owner, then the owner is expected to provide an environment that is in reasonable condition. This is particularly true if an accident is foreseeable – for example, when a rug is loose, a stairway is poorly lit, a sidewalk unshoveled and icy.
There are a number of different circumstances in which a person can be hurt on somebody else’s property. Some of the most common premises liability cases include:
Accidents caused by snow and ice
Poor maintenance of the property
Inadequate building security leading to assault
Elevator or escalator accidents
Swimming pool accidents
Toxic chemicals or fumes
Dog bite injuries
Amusement park accidents
When incidents and circumstances like these result in a person on the property becoming injured, then the damages that are incurred are generally viewed as the legal responsibility of the person who was responsible for keeping the premises safe. A personal injury/premises liability lawsuit will resolve with them having to provide compensation for medical expenses, lost wages, pain and suffering, and more.
Generally speaking, a property owner does not have a duty of care to a person who is on their property without authorization unless the person is a child. In all other cases, there is an expectation that their property will be kept hazard-free and safe. If you or someone you love has been injured on another person’s property and you believe that negligence played a role, contact the premises liability attorneys at Jonathan Perkins Injury Lawyers. We will carefully review the specifics of your case and let you know how we can help.
Whether you a winter enthusiast or the type of person who spends the colder months dreaming of warmer temperatures, living in Connecticut means that you are going to encounter ice and snow. As beautiful as the region is when blanketed in white, it is also a particularly dangerous time of year, and one that sees many people admitted to emergency rooms following slip and fall winter accidents. Winter falls brings great risk because not only is the chance of falling greater, but the risk of injury is exacerbated by colder temperatures, when muscles are tighter and our range of motion is more limited. Though some falls simply result in a bump, bruise and injured ego, others can result in serious injury that require extensive medical attention and may necessitate your missing work, being unable to fulfill your normal household responsibilities, and can severely limit your enjoyment of life. If you or someone you love has fallen and you believe that your accident is the result of someone else’s negligence, then you may be entitled to compensation for your medical expenses, lost wages, and other damages that you’ve suffered. Call the lawyers at Jonathan Perkins Attorneys at Law to discuss what happened to you. We will listen carefully and ask all the right questions so that we can assess who is to blame and whether you are eligible to file a personal injury lawsuit.
Though many people who slip on ice blame themselves, the truth is that it is the responsibility of the owner of a property and the people who work for them to ensure that it is safe and to correct any problems that have the potential to lead to an accident. This means that when there is an accumulation of ice or snow on their property they are expected to clean it up and when there are puddles on the floor inside their buildings, those need to be cleared as well. Not only is it required that removal efforts are made, but also that they must be done in a responsible way so that the clean-up has been effective. Making sure that sidewalks, parking lots, and driveways are safe are all part of an owner’s responsibility, and failure to take care of this duty may result in them being held liable for any damages that are suffered as a result. This can include having to pay for an injured person’s medical bills, pain and suffering, any time that they missed from work due to their injury, and more.
If you have been injured in a slip and fall accident as a result of a property owner failing to provide adequate clean up of their property, then the Connecticut law firm of Jonathan Perkins Attorneys at Law can help. For a free consultation about your case, call us today.
Premises liability refers to the responsibility that a property owner has to make certain that their property is safe for those who encounter it. The law that creates this duty of care does not distinguish between what type of property an injury occurs on – it can be a private residence, a business, or even property owned by the government or local municipality. When a person is injured on property and the injury is a result of improper attention being paid to making sure that people are safe, then the owner can be held legally responsible for the injuries that they incur. If you have been injured on another person’s property as a result of their negligence, then call the professionals at Jonathan Perkins Attorneys at Law today. We will listen carefully, ask all the right questions and give you the answers you need as to what compensation you might be eligible to receive after having been injured in Connecticut.
Though most people think of slip and fall accidents when they think of premises liability and a property owner’s negligence, there are a number of different ways that a property owner can put visitors to their site in jeopardy. In addition to failing to properly clean and maintain a property and not preventing falls, a property owner can be found negligent in not having provided proper or adequate security or lighting, and this resulting in a fall or even an attack. When dog bites injuries occur, owners of animals can be found negligent in not having secured their animal. The potential dangers caused by carelessness on the part of an owner are almost endless.
When a person has been injured on a property that is determined to have been hazardous as the result of negligence on the part of the owner, they can file a personal injury lawsuit and seek compensation for the damages that they have suffered. This compensation can include reimbursement for any medical expenses that they have had to occur or are expected to incur in the future as a result of the injury; reimbursement for lost wages, both past and in the future; and for non-economic damages including any pain or emotional trauma you may have suffered. It is important to remember that there is a limit to how much time can go buy between the time that an accident occurs and the time that you can file a claim against a property owner. In Connecticut, the statute of limitations for filing these types of claims is two years, so don’t hesitate in taking action against those responsible for your injuries. Call the lawyers at Jonathan Perkins Attorneys at Law today to get started on the road to getting justice.
With the changing seasons and the arrival of cooler weather, Mother Nature creates a number of challenges. In the fall, the beauty of the autumn leaves quickly gives way to the work created when the leaves fall to the ground. Property owners spend time, energy and money clearing leaves off of the property, in part because they can become an eyesore and in part because they create a hazard to pedestrians who are at risk for falling, particularly once the leaves get wet. People who own property, whether commercial or residential, have a responsibility to keep their premises safe, and if you slip and fall on wet leaves and end up suffering an injury, you may be entitled to compensation for the damages that you suffer. Slip and fall injuries can be serious, painful, and even life changing. If you have been a victim of somebody else’s negligence, call the lawyers at Jonathan Perkins Attorney at Law to see how we can help.
Though you may initially blame yourself for having injured yourself, a slip and fall on wet leaves is often the responsibility of the property owner. In order for you to be eligible to receive compensation for your medical expenses, pain and suffering and other damages, there need to be a couple of factors present. First, there needs to be an actual property owner or responsible party whose negligence was responsible for your injury. That means that carelessness or clumsiness on your part, or purposefully putting yourself in danger, will not qualify you for compensation. For a commercial property owner to be responsible for your injuries, the must have either caused the hazard that was behind your accident, have known that it existed and not done anything about it, or else if they weren’t aware of it, then they should have known about it. Having wet leaves piled up in front of your property without doing anything about it or clearing the walkways would definitely qualify. A commercial property owner is supposed to take steps to keep their property reasonably safe.
With regard to residential property, many of the same rules apply. If a property owner is in control of their property and could have taken care of the situation without having to expend too much money or effort, and if injury was a foreseeable consequence of not cleaning up the problem, then the homeowner might be found liable for the injuries that you have suffered.
If you have been injured as a result of a slip and fall on wet leaves, then the lawyers at Jonathan Perkins Attorneys at Law are here to help. We are happy to meet with you for a free consultation to review the circumstances of your case and to provide you with an evaluation of whether your rights have been violated. Call us today for more information.
Learn more about Slip and Fall Injuries on Wet Leaves HERE.
A slip and fall premise liability lawsuit revolves around a property that has been left in a dangerous condition that led to a person being injured. As experienced slip and fall premise liability attorneys, the lawyers at Jonathan Perkins Attorneys at Law represent clients whose injuries could have been prevented if the property owner or operator had acted responsibly and taken action to eliminate a potentially and foreseeably hazardous condition. If you have suffered a slip and fall premise liability injury, call our office today to set up a convenient appointment to discuss your case. We will let you know whether you are eligible to file a lawsuit seeking compensation for the damages that you have suffered.
When people own property or are responsible for its operation, they assume what is known as a duty of care. This means that if they allow their property to become unsafe, they can be held financially liable for any injuries that result from the unsafe conditions. Though some unsafe conditions may be obvious, such as construction sites, swimming pools, or having a dangerous animal present on the property, other situations are more subtle. This is particularly the case when it comes to slip and fall premise liability, because people often blame themselves or their own carelessness when in fact their injuries are a result of a condition that it was the property owner’s responsibility to address. Examples of these types of conditions could include a sidewalk or parking lot that has not been shoveled or had ice removed, water that is spilled on the floor of a restaurant and not mopped up in a reasonable amount of time, debris left in a walkway for people to trip over, and sidewalks that are cracked or uneven.
Though people hearing the term slip and fall often think that the injuries that result from these types of incidents are benign, they can actually be devastating and traumatic. Many people end up suffering traumatic brain injuries, spinal cord injuries, and broken and fractured bones as a result of a simple slip and fall accident, and that is why property owners are expected to exercise care in ensuring that their property is safe.
When a property owner or operator fails in their responsibility to maintain the property in a reasonable and responsible way, the person who has suffered the injury has a right to seek compensation for any damages that they have suffered. Depending upon the severity and extent of the injury that they have suffered, this can include medical expenses, lost wages, pain and suffering and more. If you have suffered an injury as a result of a slip and fall, don’t make the mistake of blaming yourself without getting the opinion of a qualified slip and fall premises liability attorney. The lawyers at Jonathan Perkins Attorney at Law will be happy to meet with you for a no-cost consultation to review your case and let you know whether you are eligible to file a lawsuit for compensation.
Learn more about Slip and Fall Premise Liability HERE.
Severe weather and high winds caused a beer tent to collapse in St. Louis on Saturday afternoon. Hundreds of people were celebrating the St. Louis Cardinals’ victory in a beer tent at Kilroy’s Bar when the thunderstorm hit. The tent collapse killed Alfred Goodman and left a 100 people injured. According to USA Today
, the St. Louis Fire Department had to transport 17 people to the hospital.