Premises liability, a term encompassing various legal scenarios, arises when an injury is due to a hazardous condition on someone else's property. The most familiar scenario involves a customer slipping on an unattended spill in a store, but the realm of premises liability extends much further.

This blog aims to clarify premises liability claims, outlining their proof and potential hurdles.

Key Components of a Premises Liability Claim

Understanding and meeting Connecticut's legal requirements are critical in these claims. Seeking advice from an experienced premises liability lawyer, like those at Hastings Cohan & Walsh, is imperative for navigating these complex claims.

A successful premises liability case typically hinges on three elements: Identifying a dangerous condition on the property; Demonstrating that the property owner or manager was negligent; and linking that negligence to your injury.

The first two elements often pose the greatest challenge.

Identifying a Dangerous Condition

Premises liability stems from various hazards, including; Weather-related issues (ice, snow) on walkways; spills on store floors; hazardous chemicals or substances; criminal or violent activity; improperly designed or constructed buildings.

Establishing Property Owner Negligence

A hazard alone doesn't constitute a liability claim. The key is proving the property owner or controller's negligence in: creating the hazard; failing to inspect, repair, or remove the hazard; and/or neglecting to warn visitors about it.

Understanding Negligence and Duty of Care

Negligence involves the failure to act as a reasonably cautious individual would. The legal duty to keep property safe is pivotal here. A breach of this duty indicates negligence.  Connecticut uses a status-based approach to define the duty owed by property owners, varying based on the visitor's status:

Duty Owed to a Trespasser

In Connecticut, the following rules apply to an owner and/person in control of property with respect to a trespasser.

1. He may not intentionally harm the trespasser or lay a trap for him.

2. The trespasser is entitled to do care after his presence is actually known.

3. There is no duty owed regarding the condition of the premises.

4. The possessor of land has no duty to trespassers if he is engaged in a dangerous activity until the person's presence is know.

5. The possessor of land has no duty to warn trespassers of dangerous hidden conditions (Conn. Law of Torts, § 47) (OLR Research Report, March 27, 2002 2002-R-0635, Christopher Reinhart, Associate Attorney)

Duty Owed a Licensee:

A licensee is someone privileged to enter or remain on land because the owner consents to it, either by invitation or permission. In Connecticut, the following rules apply to owner and/person in control of property with respect to licensees.

1. He may not intentionally harm the licensee or lay a trap for him.

2. The licensee is entitled to due care after his presence is actually or constructively known.

3. There is no liability owed to the licensee for the obvious condition of the premises but conditions that may be obvious in the daytime may become concealed at night.

4. The owner and/person in control of property has a duty to watch out for licensees or tolerated intruders if he is engaged in a dangerous activity.

5. The owner and/person in control of property possessor of land must warn licensees and tolerated intruders of dangerous hidden hazards he actually knows about. (Conn. Law of Torts, § 48) (OLR Research Report, March 27, 2002 2002-R-0635, Christopher Reinhart, Associate Attorney)

Duty Owed to Invitees:

Invitees are generally people who come on land for a business purpose to the benefit of the land possessor or to the mutual benefit of the visitor and land possessor. Connecticut acknowledges three types of invitees.

1. A public invitee is someone invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public.

2. A business invitee is someone invited to enter or remain on land for a purpose directly or indirectly connected with business dealing with the possessor of land.

3. A social invitee is someone who is owed the same standard of care as a business invitee. The distinction between an invitee and a licensee depends largely on whether the visitor received an invitation, as opposed to permission, to enter or remain on the land. ((Restatement (Second), 2 Torts § 332 Comment B, Corcoran v. Jacovino, 161 Conn. 462, (1971)).(OLR Research Report, March 27, 2002 2002-R-0635, Christopher Reinhart, Associate Attorney)

The owner and/or person in control of land owes an invitee all the duties that he owes to a licensee and also: (1) the duty to inspect the premises and erect safeguards, if necessary, to render the premises reasonably safe and (2) he has liability for defects that would ordinarily be discoverable by a reasonable inspection and he has the duty to give a proper warning. But he is not liable to anyone for unknown latent defects, that could not be discovered by the exercise of reasonable care.

Common Types of Premises Liability Cases

Premises liability covers numerous situations, with falls being predominant. Hazards leading to falls can include poorly designed stairs, weather accumulations, spills, hidden cords, and defective walkways.

Inadequate Building Security.  In certain locations, property owners might need to provide security to prevent injuries from criminal or violent acts.

Seek Expert Guidance

Given the intricacies of premises liability claims, it's crucial to have skilled legal support. At Hastings Cohan & Walsh, we provide seasoned counsel to navigate these challenges. Contact us today for a free consultation We're here to answer your questions and guide you through the maze of a premises liability case.