Who Is Liable After a Fall or Injury?

If you have suffered an injury after a fall or suffered an injury for any reason, you may be entitled to compensation, and Carter Mario may be able to help get what you are owed. Generally, an injured victim is entitled to compensation for medical bills, long-term medical costs as well as lost wages or future earnings if the injury makes it impossible to go back to work. However, how do you establish which party was responsible for the event that caused the injury?

The law says that you are responsible for protecting yourself whenever you have the possibility of doing so. For instance, if you tripped over a rake and sprained your ankle, the law considers whether or not you could have reasonably seen the rake and avoided it. Even if the property owner created a dangerous condition he or she may not be fully liable for your injuries in such a scenario.

If you slipped on a wet floor, it may be possible to argue that the wet floor was a dangerous condition that should have been remedied. However, if there was a sign alerting you to the wet floor or activity underway to dry the floor as quickly as possible, the property owner may not be fully liable or found to be liable at all. This is because the law only requires that party to take reasonable action to either alert those on the property to a dangerous condition or to fix it if possible.

A property owner generally only has a duty of care to those allowed to be on the property. In other words, if you were invited by the property owner or otherwise had a right to be on the property, the owner has to make sure that you experience safe conditions while there. However, if you trespass on a property or otherwise weren’t invited or expected to be on the property, the owner generally has no duty of care toward you. The only exception is if a child is on the property.

Determining who is liable for a fall or an injury is not always easy. In some cases, both parties contributed to conditions that led to the incident occurring. This is why it may take many months or years to settle a personal injury case as both sides may have valid reasoning for offering a settlement that the other may not like. Ultimately, a judge or jury may be needed to make a final ruling in a given case.

If you've been injured in a fall or any other type of accident, you may be entitled to compensation. The experts at Carter Mario Law Firm understand the nuances of injury compensation law in Connecticut and will fight for your claim.