Adler Law Group, LLC Attorneys at Law

Blog / Premises Liability

Premises liability and social host laws in Connecticut

On Behalf of Adler Law Group, LLC

Time and again, we’ve heard about this type of scenario playing out somewhere in our state: An individual goes to a party and starts drinking. He is having a great time and throwing back drink after drink. At the end of the night, he stumbled out to his vehicle and heads home. On the way home, he hits and kills a pedestrian crossing the road. It’s a horrible situation but one that unfortunately happens every year in our state.

In this type of situation, one might wonder who is to blame. There is pretty obvious blame that can be put on the driver, but what about the host of the party? This is where premises liability law comes into play and it can differ widely state to state.

Some states have dram shop laws. This type of law can hold businesses liable for continuing to serve alcohol to a clearly intoxicated person who then ends up injuring another person. That business could then be found liable for any injuries suffered by the victim. In some states, this type of law also covers social hosts.

Other states have specific social host laws. In fact, have social host liability laws that are considered general and nine states have such laws that pertain specifically to minors. As you can imagine, if someone serves a minor alcohol and that minor ended up dying in a drunk driving accident, the person who provided the alcohol could and should be held liable.

These types of situations are definitely not cut and dry so it makes sense to work with an attorney to understand what your options are. Many people may feel uncomfortable trying to place blame on someone else if their loved one died in this type of scenario, but it’s important to remember that there are often state laws that govern liability in such cases.

Posted in:

Related Posts

Who is liable for an accident in an apartment building?

On Behalf of Adler Law Group, LLC When someone sustains an injury because of a dangerous condition inside of an apartment building, there may be more than one potential defendant. Someone who suffers a severe injury from falling, for example, may be unsure about who is at fault. The party responsible for the condition may not necessarily be the owner of the building. Here are two other examples of potential defendants in a personal injury case. Property Management Company A property management company rather than a property owner may be legally liable for injuries that occur both inside an apartment and the building’s common areas. In general, the property management company must be aware of a dangerous condition to be liable for injuries resulting from it. However, there are instances in which claimants can successfully establish liability by showing that a property manager should have been aware of a condition even if he or she was not actually aware of it. Contractor A third-party company may be at fault for injuries in a building. If a company performs work that results in a safety hazard, that company may face serious legal liability. Whoever hired the company may also be liable for a third-party’s work if it hired the company negligently or had reason to know that the work created an unsafe condition. Personal injury victims may need to carefully consider who may be responsible for an injury that occurs inside of an apartment building. In some cases, a plaintiff may be able to pursue more than one party for a judicial or monetary remedy.

Premises liability claims in Connecticut can be complicated

On Behalf of Adler Law Group, LLC When a visitor to a property suffers an accident and is injured, it may qualify as a personal injury case. The area of the law that this injury falls under is premises liability laws. In Connecticut, these types of civil claims for damages are also subject to the comparative liability stipulations. Premises liability laws refer to the responsibility on the part of a property owner or party in possession of a premises to maintain it safely in order to prevent the possibility of a guest or visitor suffering a serious injury. Informing customers, guests and other invitees of existing  hazards falls under the responsibility of an owner and/or the party in possession of the property at the time. In some instances, landlords may not be held liable for some accidents if the unsafe conditions were the result of the negligence or actions of the current occupants. Premises liability laws can be further broken down into different categories based on the nature and purpose of the individual who was hurt while on the property. Invited guests, such as a customer or personal friend, are entitled to a safe environment free from hazards and conditions that could result in a physical injury. Likewise, those who enter a property based on professional duties are also entitled to a safe entry or appropriate warnings of possible dangers. However, those who are trespassing without a legitimate reason for entering a property are not entitled to the same reasonable expectation of safety. Nevertheless, if there is reasonable expectation that the property will be subject to regular entry of trespassers, then sufficient notice of an existing hazard may be required, and this stipulation also applies when it can be expected that minors will have access to the property –either with or without official permission. Along with the above guidelines, the issue of comparative liability adds another layer of complexity to some premises liability cases. In Connecticut, as long as the injured party is not more than 51 percent responsible for his or her own injuries, it is possible to recover monetary damages when someone else’s negligence caused or contributed to the injuries suffered. If this occurs while visiting the property of another, a personal injury attorney can help sort through the legalities and identify the party or parties who may bear financial responsibility. Source: FindLaw, “ Premises Liability: Who Is Responsible? “, Accessed on Sept. 17, 2017

Connecticut premises liability: Hotels and bed bug injuries

On Behalf of Adler Law Group, LLC It is not uncommon to hear of bed bug infestations at hotels in Connecticut and elsewhere. These little pests may pack a small bite, but they can do a lot of damage — physically, psychologically and even financially. Anyone who has suffered as a result of coming in contact with these bugs during a hotel stay may be able to file a premises liability claim against the property owners and any others believed responsible. Currently, Connecticut does not really have any laws regarding bed bug infestations. Like most other states, property owners are just responsible for maintaining clean environments. If bed bugs are found, appropriate actions to remedy the situation are to be taken. Quite a few people think that bed bugs are harmless, though disgusting. However, for some who come in contact with these bugs, allergic reactions, rashes and scarring can occur. In some cases, the scarring may be permanent. Not only will this be physically damaging, but it can have long-term psychological consequences as well. Bed bugs are also great hitchhikers and will attach to clothing or suitcases, so some victims of hotel infestations may bring the problem home with them, which can be expensive to resolve. When staying at a hotel, whether in Connecticut or elsewhere, it is reasonable to expect a room that is clean and free of pests. Those who find otherwise and who have suffered as a result may have legal recourse. With the assistance of an experienced attorney, a premises liability claim may be filed in civil court. If litigation proves successful, damages may be awarded. Source: USA Today, “ Hotel Obligations for Bed Bugs “, Christopher Michael, Accessed on Jan. 8, 2017