ACCIDENTS: FALL DOWNS
Fall down accidents, which often result in fractures and other
severe injuries, often make for difficult personal injury
cases.
People called for jury duty tend to expect they will be hearing
dramatic evidence. They are usually surprised when a
personal injury case involves something as simple as a person
falling down. They often think a person who falls and gets
hurt must just be clumsy. This preconception must be
recognized and overcome for the victim of a fall down accident
to get proper compensation.
The law does not require that sidewalks and floors be in perfect
condition. Someone who trips because one sidewalk slab is
just slightly higher than another will not have a successful
case. The defect must be substantial.
However, the law also requires that people watch where they are
going when they are walking.
To get compensated, a victim of a fall down accident has to
overcome the "too small, too large" problem: If
the defect is small, then there's no case. If the defect
is large, then why did the person who fell not notice it?
A personal injury case involving falls caused by ice or snow has
additional complications. The law does not require a
property owner to immediately clear ice or snow after a
storm. The ice or snow must be cleared within a
"reasonable" time. How much time is reasonable
depends on the circumstances of each case.
Whether someone can recover for a slip and fall also depends on
why the person is on the property. Connecticut law divides
people on property into three categories: invitees,
licensees and trespassers. An example of an invitee would
be a customer at a store. An example of a licensee would
be a door-to-door salesman. A trespasser might be a child
who takes a shortcut across someone's lawn.
A storeowner must do more to protect its customers than a
property owner must do to protect someone like a salesman.
And even trespassers must be protected to some extent.
Many times, it is hard to determine in a personal injury case
whether someone is an invitee or a licensee or a trespasser.
At Serrano and Serrano, LLC, we have the experience and
understanding of the law necessary to make sure fall down
victims receive the compensation they deserve.
If you are injured in a fall down accident, please call to schedule an appointment to speak with us
about your personal injury case.
You may also click here to
confidentially send us information for us to review your personal injury case.
We look at your case
for free. We only charge a fee if we win or settle your
personal injury case.
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