Connecticut Premises Liability Lawyer

What duty does a Connecticut property owner owe you?

It depends on why you were there. Connecticut uses the traditional categories of invitee, licensee and trespasser, and each one carries a different level of protection.

Invitees, such as customers in a store or tenants in common areas, are owed reasonable care to keep the property safe, including inspecting for hazards the owner should have found. Licensees, such as social guests, are generally owed a warning about known dangers they might not see. Trespassers are owed much less, though owners may not intentionally injure them, and special rules can protect children. Most premises cases involve invitees, so the question becomes whether the owner knew or should have known about the hazard in time to fix it.

When must a Connecticut owner clear snow and ice?

Generally within a reasonable time after a storm ends. Under the ongoing storm doctrine, an owner is usually not required to clear snow or ice while precipitation is still falling, unless unusual circumstances apply.

That doctrine makes weather records central to many winter fall cases. If you slipped hours after the storm stopped, or on refrozen melt from a poorly placed snowbank, the owner may be responsible. Owners also cannot ignore icy patches caused by leaking gutters or downspouts, which are a common cause of falls at apartment complexes.

Public sidewalks raise another layer. Many Connecticut towns adopt ordinances that make the owner of the next-door property responsible for snow and ice on the public sidewalk, and the town may then be shielded. Defects in town or state sidewalks themselves fall under highway defect statutes, which require written notice within a short period, in some cases as short as 90 days. See our government and public property page.

How does Connecticut's 51% rule affect a fall case?

Your recovery is reduced by your percentage of fault and barred if you are more than 50% responsible. Owners often argue that a hazard was obvious or that you were distracted.

Consider a tenant in a New Haven apartment building who falls on a broken stair tread in a dim stairwell while carrying groceries. A jury values the losses at $150,000.

• Tenant 20% at fault for carrying too much: recovery of $120,000.
• Tenant 50% at fault: recovery of $75,000.
• Tenant 51% at fault: recovery of zero.

Prior complaints to the landlord, maintenance requests and photos of the lighting often keep the tenant's share low.

Are casino and resort injuries handled differently in Connecticut?

Often, yes. Connecticut's two large casino resorts operate on tribal land, and injury claims there generally go through tribal procedures, with their own notice rules and deadlines, rather than the state court system.

These timelines can be short and the procedures unfamiliar. If you were hurt at a tribal casino, hotel or restaurant, report the incident on site and request a copy of the report, then get legal advice quickly. Injuries at other Connecticut hotels, shoreline beach businesses and entertainment venues generally follow ordinary state premises rules.

What about assaults and other negligent security claims?

A property owner may be responsible when a foreseeable crime injures someone on the premises. The key question is whether the owner knew of similar incidents and failed to take reasonable steps such as lighting, locks or security staff.

Parking garages, apartment complexes, bars and hotels are common settings. Police call histories and prior incident reports are important evidence. The person who committed the crime is also responsible, and fault may be shared among them and the owner.

Other common Connecticut premises claims include falling merchandise in big-box stores, swimming pool injuries at hotels and private clubs, and injuries caused by dogs kept on rental property. A landlord who knew a tenant's dog was dangerous may share responsibility with the owner; see our dog bite practice.

How can you protect a Connecticut premises claim?

Document the hazard immediately and make a written report before conditions change.

1. Photograph the hazard, lighting, signs and your footwear.
2. Report the incident to the manager or landlord in writing.
3. Get names of witnesses and employees who responded.
4. Seek medical care and keep every record.
5. Contact our team for a free case review. You can also read our premises liability practice page, our Connecticut wrongful death page for fatal incidents, or the Connecticut injury overview.