Sabatini & Associates, LLC has been retained by a client who sustained a torn rotator cuff injury as a result of defective stairs. The injury requires surgery. The incident took place at the client’s place of work at a building owned by her employer. The building was maintained by a management company. Consequently, not only does she have a workers’ compensation claim, but she also has a negligence claim against the property management company.
This case is another example of why a person who suffers an injury at work should consult our attorneys. In many instances, the person is under the impression that since the injury happened at work the only legal claim is a workers’ compensation claim. This is not always the case. In fact, in many instances there is a negligence claim against a third party. Such a claim is extremely important because the claim can fully compensate the person for her injuries. Workers’ compensation provides limited compensation. For example, workers compensation does not provide compensation for physical pain and suffering.
Sabatini and Associates has been retained by a client who recently suffered serious injuries as a result of a pothole located in a parking lot. Given the recent fluctuations in temperature, potholes are becoming a growing problem. Property owners have a responsibility to inspect their parking lots for potholes and if one is discovered, reasonable measures must be taken to repair the pothole. If inspections are not taking place and a pothole goes un-repaired, then the property owner will be held liable for injuries caused by the defective condition.
If you have been injured as a result of a fall caused by ice, you may have a case even if the fall occurred during a snow storm. A property owner is not required to keep the sidewalks, driveways and parking areas clear of snow and ice during a storm. Therefore, if your fall was caused by ice that is accumulating or forming during a storm, there is no case. However, if you fell on “old” ice even during an active snowstorm, you have a case.
You have a case because the ice that caused you to fall existed prior to the current snow storm. Furthermore, due to recently fallen snow, the “old” ice has been covered up making it impossible for you to detect the ice before stepping on it. If you suspect that “old” ice caused your fall, you should contact our attorneys immediately.
What to do if you are injured on a road, bridge, walkway or sidewalk controlled by the State of Connecticut? You must file a written notice of claim within 90 days of the accident. If you do not file the written notice of claim, you will be prohibited from bringing a legal action against the State of Connecticut. A claim for damages caused by a defective condition (e.g., a pothole, ice, water etc.) on a state highway, bridge or sidewalk is governed by the provisions of Section 13a-144 of the Connecticut General Statutes. Claims will only be legally viable if received within 90 days of the incident.
The notice of claim must include the following information:
- Claimant’s name, address and telephone number.
- A description of the accident of occurrence giving rise to the claim.
This must include:
(a) the date and time of the occurrence;
(b) the precise location (e.g., the nearest highway entrance/exit ramp or other highway marker, etc.);
- A description of the property damage and/or personal injuries suffered.
The failure to provide written notice within 90 days or the failure to provide adequate written notice will destroy the ability to bring a successful claim in Court. It is not sufficient for purposes of written notice that a police report or incident report was generated. For all the reasons above, it is important to contact a lawyer immediately after the incident and for the lawyer to provide proper and timely written notice of the claim.
Attorney Vincent Sabatini has obtained a $278,000 settlement for an elderly client who fell and suffered a fractured hip. The client was at a day care facility for adults requiring supervision. At the time of the fall, no one was supervising the client. The defendant denied liability. Only after extensive discovery efforts did the defendant recognize its liability and agree to settle the case for a fair and just amount.