Injured on Defective Premises?
Dedicated Hartford Premises Liability Lawyers Fight for Victims’ Rights
It is settled law in Connecticut that when a retail store opens its doors to the public, the store has a duty to maintain its premises to stay in reasonably safe conditions. In recent times, many of the national chain stores, such as Home Depot, Wal-Mart and Target, have begun to stack their merchandise on high shelves, thereby turning their stores into mini-warehouses. This is a deliberate choice — by eliminating warehouse costs, the stores save money. However, as a consequence, many customers have sustained injuries from falling merchandise — which is frequently stacked as high as 18 feet off the ground.
Our firm represented an injured victim by the name of Meek on the issue of falling merchandise. In the Meek case, our Hartford premises liability lawyers succeeded at trial in obtaining $182,000 for a young man who sustained injuries when he was struck by folding tables that fell off a high shelf at a local Wal-Mart store. The evidence showed that Wal-Mart had failed to follow its own safety rules for the stacking of the merchandise. Wal-Mart appealed the case, and we succeeded on the appeal as well — the trial result was affirmed by the Connecticut Appellate Court. The Meek case currently stands as the leading Appellate case in Connecticut on the issue of a store’s liability for unsafe and falling merchandise.
Principal attorney and partner, Michael Walsh, has lectured several times on this topic for Connecticut attorneys at continuing education courses and is well known in this field by his peers. He and his legal team have dedicated their careers to helping wrongfully injured victims seek restitution in premises liability claims however they can.
What Is Premises Liability?
Whenever you go to a place of business — or even over to a friend’s house — the owner of that property has an understood “duty of care” to every visitor. This duty of care ensures the safety of all who enter the premises. If you know that your business or home is unsafe for visitors and someone gets hurt on your property, then you can be held liable in the event that the wrongfully injured person wants to press charges. The basis of the majority of premises liability claims can be attributed to negligence on behalf of property owners. In fact, a property owner’s negligence is exactly what an injured person must prove should he or she choose to pursue a premises liability claim. If you can prove that your injury was caused by negligent behavior on behalf of a property owner, then you have a good chance of winning a premises liability lawsuit.
What Are Common Types of Premises Liability Cases?
There are several instances that could lead a person to file a premises liability claim. The following are some of the most commonly pursued premises liability cases:
- Slip and fall accidents. Say you were walking around a store in the mall. If you suddenly slip and fall due to a wet floor that was not blocked off or properly signed, then you have the right to pursue a premises liability claim. Similarly, if you slip and fall — and are subsequently injured — on a slippery snowy or icy sidewalk outside an establishment that has not been salted or otherwise sectioned off for safety, then you can pursue a premises liability claim.
- Dog bites. If you are the owner of a dog who bites someone on (or off) your property, then you can be held liable if that person decides to pursue legal action to recover damages. Sometimes, liability insurance in the form of a renter or homeowner policy can cover damages from dog bites (even if the incident occurred off the owner’s property). This is not always the case though and you should check with your respective insurance companies to see if that is something they and/or your policy covers.
- Chemical exposure. As an employee or patron of a business, you expect that all safety measures have been addressed and taken care of. These safety measures include ensuring that all equipment is properly maintained and that there are no chemicals leaking into the air. If you suffer an injury caused by the inhalation or topical exposure to harmful chemicals, then you have the right to file a premises liability claim against the property owner.
Have Questions About Premises Liability? Call Today
Being injured is a stressful affair. You have likely not been able to work and therefore have lost wages (and possibly even future earning potential), have had to endure tedious and painful medical procedures and rehabilitation. If you have children, then you likely have an extra obstacle to solve regarding consistent help with childcare. Take heart in knowing that you do not have to face all of the above alone — you deserve restitution if you were wrongfully injured on someone’s property.
Any of the experienced Hartford premises liability lawyers at Walsh Woodard, LLC can help you determine if you have a strong premises liability case during a free consultation. They can give you advice on how to proceed, what you need to build a strong case and how they can help you receive a favorable outcome. Contact our office today to schedule your consultation.