A slip and fall case in Danbury, Connecticut resulting in a traumatic brain injury can be devastating to the family of the innocent victim. Any traumatic brain injury claim must be investigated immediately. You need an experienced traumatic brain injury lawyer to help you through this most difficult time. Find out what you need to be doing right away. Contact us today.
The lawyers conclude their closing statements and how it is time for the trial judge to turn your case over to the jury for deliberations. Prior to the jury getting your case, the judge will have to instruct the jury on how to apply the law to the facts of your case. The way in which the judge does this is to "charge" the jury. The judge might give the following jury charge as it relates to the issue of liability:
Public Nuisance - Intentional or Negligent. A public nuisance can be created intentionally or negligently. A nuisance is created intentionally if the creator of the condition intends the act that brings about the condition. It does not mean that the creator intended a wrong, or intended an injury to occur, or even intended to cause a nuisance, but merely that the one who created the condition intended to act as (he/she) did.
If you find that a nuisance existed and that the act that created it was an intentional one, then this is called an absolute nuisance, and the creator of the nuisance is held strictly liable. That means the creator cannot claim comparative negligence on the part of the plaintiff as a defense, but must be fully responsible for any damages you find were proximately caused by the nuisance. If you find that a nuisance existed and that it arose out of the creator's unintentional but negligent act - that is, the failure to exercise due care - then the resulting nuisance is called a negligent nuisance. That means that the creator is entitled to claim, and you may consider whether, the plaintiff contributed through the plaintiff's own negligence to the injuries (he/she) suffered.
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