Posted on June 25, 2017 by James Sabatini - Slip and Falls
In slip and fall cases involving ice, the injured person needs to prove notice, whether actual or constructive, of the specific defect (the ice) that caused the injury. It is not enough to prove defendant’s notice of the general condition that caused the ice. The injured person must offer evidence that defendant had notice, whether actual or constructive, of the specific ice that caused injury. Actual notice is when the defendant knew of the existence of the ice prior to the incident. Constructive notice involves proving that the ice existed for a long enough period of time that the defendant should have known about it.
One way to prove constructive notice is to present evidence that ice had formed in the particular location on prior occasions. The evidence of prior ice is relevant to the timing aspect of constructive notice. If the area was prone to icing, then the defendant should be held to a shorter time period for detecting and correcting the icy condition. Stated another way, defendant should have discovered and fixed the ice more quickly because the defendant knew that the particular area was prone to icing.
How to go about discovering whether the accident location was prone to icing will be addressed in a subsequent blog post.
Not shoveling snow from your sidewalk can lead to tragic accidents. Recently, a Connecticut teenager walking to school was forced to leave the sidewalk and walk on the side of the street because the sidewalk was not cleared of snow. As she walked onto the street, she was hit by a car resulting in a fractured hip. With the brutal cold, strong winds, and large snowfalls, this Connecticut winter is proving to be one of the toughest winters of recent memory. It has also been tough on homeowners who have to keep their sidewalks clear of snow and ice. But, it is a responsibility that has to be kept. The consequences of not shoveling the sidewalk can be serious. Many Connecticut towns and cities require the removal of snow from sidewalks within 24 hours of the snowfall.
Posted on October 7, 2013 by James Sabatini - Slip and Falls
Attorney James Sabatini obtained a six figure settlement on behalf of his client in a slip and fall case. The case involved a big box store located in Connecticut. Our client was walking in an aisle when she fell due to a foreign and slippery substance on the floor. Through investigation, Attorney Sabatini discovered that the substance on the floor came from customers sampling a chemical spray product. Customers were regularly spraying the product in the air resulting in the product accumulating on the floor. Due to the nature of the chemical substance, the daily mopping of the floor with soap and water did not remove the substance. It was discovered during the litigation, that the store actually had a cleaning product on site to remove the substance from the floor, but the store manager was not even aware of the cleaning product’s existence. Thus, the cleaning product was never used and the floor was remained slippery. The client suffered an elbow injury which required surgery.
Sabatini and Associates has been retained in a slip and fall personal injury case. The client was shopping at a Connecticut Wal-Mart when she stepped on water on the floor and fell injuring her knee. Surgery was required to repair the injury. In order to prove a slip and fall case in Connecticut you have to prove the following: (1) the existence of a defective or unsafe condition; (2) that the defective or unsafe condition caused the injury; (3) that the defendant knew or should have known of the defective or unsafe condition; and (4) the defendant failed to take reasonable measures to fix or repair the unsafe or defective condition.
Our attorneys have significant experience representing people injured in slip and call accidents at big box stores. If you have been seriously injured in a slip and fall accident in Connecticut, call our lawyers today at 860-667-0839.
The lawyers at Sabatini & Associates have been retained by a man who suffered a shoulder dislocation at a Connecticut apartment complex. The injury occurred as a result of ice on a walkway that was left untreated. Landlords and property management companies are legally required to remove snow and ice from common areas including walkways. The failure to do so amounts to negligence. If you have been injured as a result of snow and ice on a private or public walkway in Connecticut, call our attorneys today at 860-667-0839.