New Haven Slip and Fall Accident Jury Charges: Public Nuisance

Posted by Richard P. Hastings | Mar 20, 2012 | 0 Comments

A slip and fall case in New Haven, 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 New Haven slip and fall accident lawyer to help you through this most difficult time.  Find out what you need to be doing right away.  Contact us today.

The New Haven slip and fall accident 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.

Put our decades of legal experience to work for you. Let our Harvard Law School trained negotiator deal with the insurance company. Let us worry about your New Haven slip and fall accident case so you can do everything you need to do to get better. The call, the book and the consultation are all FREE. Call us at (888) 244-5480. Visit us at www.hcwlaw.com and get additional information or tell us about your case online. We'll deal with the insurance company, you get well!

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Sample

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Let Us Fight for You

Local Presence. Statewide Coverage.

When you choose Hastings, Cohan & Walsh, LLP you will receive the one-on-one attention and individualized support that you deserve. Our Connecticut personal injury attorneys will not treat you as just another case number nor will we hand your case off to a paralegal.

Unlike other law firms, we will personally handle each legal aspect of your case, walking with you every step of the way. We aim to provide the highest quality representation possible. We have extensive experience and training in a variety of aspects of personal injury law. We obtain the knowledge and skill-set necessary to maximize your compensation.

Menu