Being injured on somebody else’s property gives you the power to file a premises liability case. Before filing the case, you should speak to a Connecticut personal injury attorney, as such cases are highly technical and require expert attention.
Once you file your claim, you have to prove three key elements:
- Duty of care/liability: This means that the owner was responsible for your safety.
- Negligence: Here a victim proves that the owner did not maintain adequate safety measures.
- Fault: Finally, the injuries that occurred were due to the owner’s negligence.
Reasons for denying a premises liability case.
If a victim fails to prove the above-mentioned vital elements, their claim gets denied automatically. This means that if a victim fails to verify that the property owner had to take care of the safety of the victim or they fail to prove that the owner was negligent and because of their negligence, the victim sustained injuries, in any of the cases, the victim loses their argument. Apart from these primary reasons, a few other issues can also deny your premises liability lawsuit.
The assumption of risk:
When the victim enters the owner’s property, the owner may inform them about potential hazards. And getting injured after that may deny your claim as the defendant had already told the victim about the risks, but the victim was negligent. For example, if a victim gets into a slip and fall accident, the owner kept a caution board indicating that the floor is wet, yet the victim decided to walk on the wet floor and get themselves injured.
Pre-existing medical conditions.
When encountering an accident on somebody else’s property, their insurance company may demand your medical history to understand whether the accident in the premises caused the injury or the injury was already present. For example, a victim already has a hairline fracture in their wrist, and falling due to the wet floor in somebody else’s property may worsen the situation. The defendant may argue that the injuries were already present in such cases, and the accident aggravated the issue.
Negligence of the victim.
In premises liability cases, the defendant tries to prove that the victim was also negligent in the accident and is also responsible for their injuries. In such cases, the settlement amount gets lowered.
A qualified Connecticut attorney can help the victim receive fair compensation for their injuries. Your lawyer will try to dismiss any defenses prepared by the defendant or prepare a counterargument.
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