If you have been injured in a fall after tripping and slipping on someone else’s property in Connecticut, you might be able to claim compensation from them. Fairfield County slip-and-fall injury claim lawyer Jack O’Donnell explains why.
When was the last time you had a fall? Do you remember how close your head came to hitting something solid or sharp? Or how badly you landed? If you are reading this, chances are that fall might even have resulted in an injury, and an expensive one at that. You need to know who is going to pay for that injury, and that is what we are here to help you figure out.
If you slip or trip on something, and crack your head open, or break a hip, it doesn't matter where in Fairfield County you are from, whether it was in Bridgeport or the Gold Coast, you do not want ot be the one picking up those expensive hospital bills. Far better to be able to make a personal injury claim against those responsible for your fall, which can also demand compensation for far more than just the medical bills.
In fact, with the help of a skilled personal injury lawyer like Jack O’Donnell in Fairfield County, you can claim compensation for all the harms connected to the injury, from lost wages and earning potential to the burden of pain, or a loss in the quality of your day-to-day life. But before you can do so, you need to figure out who you can bring that claim against, which is where liability becomes so important.
Liability is fancy lawyer speak for legally responsible. In other words, if someone is liable, they are not just to blame, but can be made to pay for the cost of their mistake by a court. If someone pushes you and you fall, the liability is obvious. Their careless or even criminal act caused you to fall, thus they can be held accountable for any injury it caused you.
But what if no one was around to push you? Then liability gets a bit more complicated. In general, however, there are two principles at play: causality and negligence.
Causality is the link between someone’s action (or inaction) and the effect of it. In other words, for someone to be liable, there must be a direct chain of causality between their action or failure to act and your fall and its injuries.
Negligence means someone must have failed in their responsibility, deliberately or otherwise. In other words, for someone to be liable, they must have failed to show the minimum level of care they should have shown you in that situation.
This might all seem abstract, so let’s look at some examples from Fairfield County (hypotheticals, of course!).
To better understand who might be liable in your fall, consider the following three fictional examples from Fairfield County. Just remember, if ever you are not sure or need help holding the liable party accountable, a lawyer like Jack O’Donnell can help you do so.
Say you are walking along the cereal aisle, trying to spot your grandson’s favorite cereal on the top shelf, when your leg catches on something and down you go. An employee left a broom in the aisle and wandered off, letting it slide to the floor and causing you to fall.
The employee is to blame, but who is liable? If this happened during operating hours, the store owners or operators have a duty to you as a welcome customer. They are responsible for their employees' behavior, and their insurance should cover the personal injury claim (we can help you make them if they do not.
On the other hand, if you had snuck into the store at night to steal the cereal, they have no duty to keep a safe environment for you as a trespasser. Despite the same broom causing the same fall and the same injuries, because it happened at a different time, and you did not have the same legal status, you cannot make a personal injury claim.
Connecticut can get cold in winter, and icy patches are not uncommon. Every year, people in Fairfield County suffer bruises, concussions, broken bones and worse after slipping on ice. But that doesn't always mean someone is liable.
If they slipped on ice in your own driveway, which you are responsible for clearing, there is likely no one else to hold responsible for the accident, even if the injury is terrible.
On the other hand, if it happened on a public sidewalk, which the government was supposed to keep clear, you might have a reasonable claim that they were negligent in leaving the ice unattended, which caused the slip and thus the injuries.
However, this can only go so far. If the fall occurred due to an ongoing snowfall, there might be no reasonable way for the city council to have cleared it in time; thus, it might not be negligent or liable for the fall and injury.
Obviously, these are just fake examples. No real-world case will be so clear; there might be partial blame on you and a store owner, or the negligence may be up for debate. This is why it is so important to work with a skilled slip-and-fall injury lawyer to prepare your claim and hold those responsible for your injuries accountable.
Law Office of Jack O'Donnell, L.L.C. | Accessible and affordable representation for Fairfield fall victims
Finding out who is liable after a fall is only the first step in the process of getting you back on your feet with full and fair financial compensation. If you do not want to put the full burden of your injury on your family and loved ones, and hope to hold those responsible for your fall accountable, our personal injury lawyers will help you do so.
To reach out to an experienced attorney after a slip and fall, just call (203) 787-8603, text (203) 680-9848 or contact our team online. We will ensure that you are not left to handle those bills alone.