Waterbury Slip and Fall Jury Charges: Control

Posted by Richard P. Hastings | Mar 22, 2012 | 0 Comments

You slip and fall in Waterbury, Connecticut.  This incident can ruin you physically, emotionally and economically.  Who will pay your bills?  How do you go about getting your lost wages?  How much money are you entitled to receive for your injuries?  Who is to blame?  These circumstances create very difficult times that require immediate answers.

If your case is tried before a jury, then at the conclusion of your case the trial judge will give instructions to the jury that tells them how to apply the facts to the law regarding a number of legal issues. These instructions are referred to as jury charges. One such charge that relates to your  Waterbury, Connecticut slip and fall case would be Control:  The legal responsibility for maintaining premises in a reasonable safe condition depends upon who has control of those premises.  "Control" means the power or authority to manage, superintend, direct, oversee, restrict or regulate.

In considering whether a party is one who controls the premises, you can consider evidence of the following: acts of maintenance, such as fixing, repairing, cleaning, painting, performing upkeep - or the power to direct those activities; acts of inspection such as conducting or directing inspections or surveys of the property; acts restricting or allowing entry onto the premises; acts warning others of conditions or boundaries on the property, or setting or laying out rules for conduct upon the property; using the premises or property to store things, or to receive mail, visitors, customers or deliveries.

You must determine whether the plaintiff has proved that the defendant was in control of the premises at the relevant time.  If the plaintiff has not so proved, then you must end your inquiry and return a verdict for the defendant.  If the plaintiff has so proved, then you must consider whether the plaintiff has proved the other necessary parts of (her/his) case in making a determination of your verdict.

If you have been injured in a Waterbury, Connecticut, Slip and Fall case, we are here to help you. Get a free copy of our book today so you can learn exactly what you should be doing. Don't wait until it's too late. Call us today for a FREE consultation.

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.

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