For lawn care and property maintenance, late fall and early winter can be strenuous times. Homeowners are responsible for areas on their property that are publicly accessible, and they must keep these areas safe for visitors and passersby. If you slipped and fell on a neighbor's walking path, driveway or pavement, they might be responsible for damages arising from the fall.
How can I sue a neighbor for a slip and fall?
Homeowners are responsible for making sure that their property is safe for people who enter their property legally. They have a much lower obligation to trespassers and only have to refrain from harming them intentionally. For people who are invited to the property, the duty is even greater and they must take additional care in order to protect their safety. The general duty owed to guests is to alert or repair hidden risks. Failure to do so can lead to an premises liability lawsuit.
Wet Leaves and Snow Leading to Slip and Fall Accidents
Wet leaves, snow, and ice can trigger many potential dangers on the property in late fall and the winter. Under melting snow, clear ice, and wet leaves, some patches of ice that form can create a significant slipping hazard that can knock even vigilant pedestrians to the ground. Also dry leaves and loose snow can pose a risk if dangers such as exposed tree roots or uneven pavement are concealed underneath. One of the most common forms of accidents in the winter is icy sidewalk slip and falls.
Injuries to Licenced People
The most prevalent place where individuals can be injured is sidewalks outside a home. Nonetheless, there is an expectation that many individuals are "licenced" to enter your property. Guests welcomed by the homeowner to their residence definitely have permission, as do delivery people and mail carriers, to walk up the driveway or the front walk. Utility staff and other maintenance employees may also be permitted to walk on your premises and check your metres or mark underground lines before digging or building, and homeowners may need to shield them from hidden hazards in the snow or leaves.
Driveway and Sidewalk Slip and Falls
Driveways and walking paths are within areas that need to be kept secure, but so are sidewalks. The homeowner is usually responsible for clearing the sidewalk, unless the neighborhood has a homeowner's association that removes ice and snow from sidewalks. Usually, the town or city government is not responsible for unsafe sidewalks.
Local laws may also specify how quickly the sidewalk must be cleared after snowfall, and they may provide strict guidelines about how large the clearing needs to be, providing the homeowner must follow more detailed rules. You will be entitled to sue for injuries if the homeowner fails to obey these laws, and you are harmed because of that violation of duty.
The homeowner may be directly responsible for the injuries you have sustained, but it can be tough to prosecute your neighbor. If you're on friendly terms with your neighbor, taking legal action against them could lead to a wedge between you both. However, you should consider the costs you and your family face for medical bills, missed income, and pain and suffering if the injuries are serious. In certain cases, the defendant's homeowner's policy will be able to pay for the injury without putting too much strain on your relationship.
Accidents can happen, and whether they occur due to the negligence of the homeowner or a mere accident, the insurance of the homeowner can cover the injury. If you file a complaint against your neighbor after you have fallen and have been injured on their property or on their driveway, their insurance policy will usually pay for the lawyer and pay for the costs. This implies that your case does not financially damage your neighbour, and it also provides you the money you need.
Be sure to speak to an attorney about the amount of money you seek when making a lawsuit for a slip and fall. It's important to know what the importance of your case is before you speak to the insurance provider or the default homeowner. Like every insurance provider, homeowner's insurance companies try to pay out as little as possible for the losses you face. This may include only paying limited damages for medical costs and lost salaries, and may include refusing to pay damages for pain and suffering.
It could be the only way to maximize damages if you take your case to court. Accepting an insurance company or homeowner's settlement will entail accepting reduced damages that may not cover your needs. For advice on how much your case is worth and how to maximize your financial benefits, consult with a Personal Injury Lawyer in CT.
If you or your loved ones encountered with a slip and fall accident in your neighbor’s property, contact the Personal Injury Law Firm in Connecticut