Slip and Falls and Qualified Municipal Immunity

Slip and fall lawsuits can be complex when the injury took place on municipal property. This lates case is an example of the hurdles the injured plaintiff faces when injured in a slip and fall on town or city property. In the case of Durant v. Hartford Board of Education, plaintiff slipped on a water in a stairwell while picking up her son from an after school day care program at a Hartford public school. She was injured and filed a personal injury suit against the Board of Education. The Superior Court held that plaintiff’s action was barred by General Statutes¬† 52-557n, which gave the Board a qualified municipal immunity for discretionary acts. The Appellate Court reversed, holding that the plaintiff fell within the identifiable person-imminent harm exception in General Statutes Section 52-557n (a) (2) (B) because the puddle in the stairwell was limited in both its duration and location and because the potential for harm resulting from a fall in a stairwell was significant and foreseeable. ¬†Durrant v. Board of Education, 96 Conn. App. 456 (2006) (Schaller, J. dissenting). The case is now before the Connecticut Supreme Court.