Business establishments, property owners and landlords have a duty to provide a safe environment for guests who visit their property. When this obligation is not fulfilled, the injuries suffered are often severe. The financial burdens caused by medical expenses and lost wages associated with your injury can be overwhelming. You need the assistance of an experienced attorney who can help your family get through this difficult time.
If the negligent maintenance of a property results in an injury to you or a loved one, you may be entitled to recover compensation through a premises liability lawsuit. With more than 25 years of experience handling these complex cases, Jim Miron has the expertise necessary to maximize your compensation. He'll fight aggressively to hold all negligent parties accountable for your damages.
You can learn about your legal rights and options by speaking with Jim in person. Please call 203-339-5991 today to schedule your complimentary consultation. We serve clients in Bridgeport, New Haven, Stamford and Waterbury, Connecticut.
What Is Premises Liability Law?
Premises liability is the area of law that protects the rights of individuals who are injured due to the negligent actions of a property owner. Under premises liability law, property owners may be held liable for any damages caused by their failure to maintain safe conditions.
This area of law covers a wide range of cases, including:
- Slip and fall accidents
- Dog bite attacks on the dog owner's property
- Negligent security
- Collapsed ceilings
- Faulty wiring and electrical systems
- Accidents occurring on a dangerous construction site
- Building code violations
- Stairway accidents
- Swimming pool drowning accidents
- Amusement park accidents
- Improper maintenance of the premises
- Negligent snow and ice removal
- Malfunctioning elevators and escalators
- Unsafely stacked merchandise in stores
- Cracked, crumbling, or uneven sidewalks
- Defective handrails
- Injuries caused by inadequate lighting
What to Do if You're Injured on Someone Else's Property
The actions you take immediately following your injury can potentially impact a future premises liability case. Therefore, it's crucial that you do everything possible to document the events at the time they occurred.
Before leaving the property, make sure you take the following steps:
- If you are in a public place, notify the manager on duty that you have been injured and ask to file an accident report.
- Take photos of the unsafe conditions which caused your injuries. It's crucial that you do this at the time of your injury so that you can document any hazards present before they are repaired.
- Write down the names and contact information for any witnesses who may be able to support your claim that your injuries were caused by dangerous conditions on the property.
You should also seek medical attention as soon as possible. If you've been seriously injured, you should visit a doctor right away. However, it's important to undergo a medical evaluation within 72 hours even if you don't think you've suffered any serious injuries. Often, it can take several days or weeks for symptoms to develop and without this medical evaluation, it will be more difficult to establish that your injury was caused by the incident at the dangerous property.
Once you've received any treatment for your injuries, you should speak with Jim at once to determine whether you have a valid premises liability case. There are certain filing deadlines, called statutes of limitations, associated with premises liability cases. If you wait to long to speak to an attorney, you may run the risk of missing these filing deadlines.
It's possible that you will be contacted by the property owner's insurance company with a settlement offer. Never sign any statements or waivers, and do not accept a settlement offer without speaking to Jim first. Often, these initial settlement offers will not adequately cover all of your damages. By accepting this settlement or signing a waiver, you may jeopardize your ability to file a lawsuit that will help you recover the true value of your damages.
Proving Fault in a Premises Liability Case
Proving fault in a premises liability case is very challenging. You must be able to demonstrate the following three elements in order to receive compensation for your damages:
- The property owner or landlord was in possession of the property at the time of your injury
- Your injury was directly caused by a dangerous condition on the premises
- The property owner or landlord should reasonably have known the dangerous condition existed and acted negligently by failing to repair it or provide clear notice of its existence
The third element is particularly difficult to prove. Jim's approach involves evaluating the conduct of property owners in order to prove fault. He will evaluate the condition of the property and seek to identify areas in which the property owner's negligent maintenance created foreseeable dangers for others.
Damages in a Premises Liability Case
Depending on the circumstances associated with your accident, you may be entitled to recover damages for:
- Current and future medical bills associated with the injury
- Rehabilitation costs and ongoing care
- Lost wages
- Pain and suffering
Connecticut adheres to a modified comparative negligence law for personal injury cases. These laws allow you to recover compensation even if you are considered to be partially at fault for your injuries. However, your damages will be reduced by the percentage of fault attributed to your actions. In addition, if you are found to be more than 50% at fault for the accident, you will not be entitled to compensation at all.
Jim knows how these comparative negligence laws impact your case, and he will carefully investigate the circumstances causing your injury in order to demonstrate that the property owner was primarily at fault. This is crucial to ensuring you are able to maximize the value of your compensation.
Slip and Fall Accidents
Slip and fall accidents are the most common type of premises liability case. These accidents can occur on public property or while visiting someone's private residence. Often, they often result in serious injuries.
Common causes of slip and fall accidents include:
- Uneven sidewalks
- Wet floors
- Rippled carpet
- Cracked or uneven stairways
- Poorly lit or unmarked pathways or stairways
- Unbalanced flooring
- Snowy or icy sidewalks
- Obstructions on the floor
Jim will carefully investigate your case to prove that your slip and fall injuries were caused by the property owner's failure to maintain safe conditions.
Injuries Caused by Negligent Security
Safe conditions apply to more than the physical structure of the building. Property owners also have an obligation to make sure proper security measures are in place to prevent violent assaults or robberies. Common actions that may indicate your injuries were the result of negligent security include:
- Failing to hire an adequate number of security personnel
- Inadequately trained security guards
- Inadequate lighting in parking garages and other areas where violent assaults are more likely to occur
- Failure to replace defective windows or doors which are intended to prevent dangerous individuals from entering the property unnoticed
In order to prove fault in a negligent security case, you must be able to demonstrate that the property owner had a duty to provide for the safety of all victims of the violent crime. As part of his investigation, Jim will see if other instances of violence have occurred recently on or near the property. If so, this provides strong support for the claim that the property owner should have beefed up security to protect guests.
Injuries Occurring on a Dangerous Construction Site
Construction sites are some of the most dangerous places to work. The potential for serious injury is very high even when all safety precautions are taken. However, these risks are even greater when the proper steps haven't been taken to ensure a safe working environment.
You may be able to file a premises liability claim after being injured on a construction site if:
- Proper safety equipment wasn't provided
- Hazardous conditions weren't properly made visible or roped off
- Repairs were never made to a known hazard on the property
- Scaffolding wasn't properly erected or maintained
- Slippery surfaces weren't properly marked
- Hazardous materials weren't safely contained
- Open trenches weren't properly secured
Jim will fight aggressively to help you hold all negligent parties accountable for your damages. This may include the property owner, construction foreman and construction company.
Injuries at Connecticut Casinos
If you are injured at a Connecticut casino such as Foxwoods or Mohegan Sun, it's important to understand that these establishments are governed by different laws than other properties. Premises liability cases involving a Connecticut casino are brought before the tribal courts associated with Foxwoods and Mohegan Sun. You will need to work with an attorney who is licensed to practice in the tribal courts and who understands the laws which govern these claims.
There are several important considerations to keep in mind when you are injured at a Connecticut casino:
- It's crucial that you report your injury to casino officials right away in order to ensure video footage of your injury is preserved. Otherwise, this video footage will most likely be destroyed within a few days, eliminating an important piece of evidence to support your claim.
- Time is of the essence. The tribal courts at Foxwoods and Mohegan Sun have shorter statutes of limitations than traditional courts, and it's important that you file your case before these deadlines pass.
- Determining who is at fault can often be complex. In addition to the casinos themselves, there are hundreds of non-tribal entities working inside the casino that may have potentially contributed to the cause of your injury. It's important that you work with an attorney who knows how to identify the proper parties to hold liable for your damages.
Jim is licensed to practice in the tribal courts, and he understands the unique laws which apply to casino injury cases. This experience will give you the edge you need when seeking to recover compensation for your damages.
Why Choose Jim Miron
When facing the crippling financial burdens associated with a serious personal injury, it's crucial that you work with an attorney who possesses the background and experience necessary to ensure your rights are protected every step of the way. When you are represented by Jim, you will benefit from:
- An experienced lawyer – Miron has been handling premises liability cases in Connecticut for over 25 years and has developed a proven track record of success.
- Vast resources – Miron is a partner at Zeisler & Zeisler. As a result, he has the vast resources of a large law firm at his disposal. This will help level the playing field when battling the high-powered legal teams employed by negligent property owners and their insurance companies.
- A commitment to personalized care – While Jim is a partner at a large law firm, he is committed to giving your case the personalized attention it deserves. He will personally handle your case and be available whenever you have any questions. This provides you with the best of both worlds: the vast resources of a large firm along with the personal attention associated with a small firm.
Contact our Bridgeport Premises Liability Lawyer
Please contact Jim Miron, Attorney at Law using the form on this page or call 203-339-5991 today to schedule your complimentary consultation. We serve clients in Bridgeport, New Haven, Stamford and Waterbury, Connecticut.