Slip and fall accidents can result in serious injuries, leading victims to seek compensation from property owners or occupiers for damages. However, a victim's own negligence can significantly affect their ability to recover damages. In Connecticut, courts examine the circumstances of the accident to determine whether the victim bears any responsibility. If the victim is found partially at fault, their potential compensation may be reduced or barred altogether.

Property owners and occupiers have a duty to keep their premises free of hazardous conditions. They may have to answer in damages if a visitor suffers an accident. However, the victim may be found partially negligent for actions or inactions that contributed to their accident, such as:

1. Ignoring warning signs — If a victim slips on a wet floor despite visible “Caution — Wet Floor” signs, they may be held partially or fully responsible for their injuries.

2. Inappropriate footwear — Wearing shoes unsuitable for the environment, such as high heels on a slick surface, could lead to an assignment of negligence to the victim.

3. Distracted walking — A victim texting or looking at their phone instead of paying attention to their surroundings may also bear some responsibility for a fall.

4. Trespassing — If the victim was in an unauthorized area where they had no legal right to be, their claim might be diminished or invalidated altogether.

These examples illustrate situations where a victim’s behavior could reduce or eliminate their potential compensation.

Connecticut employs a modified comparative negligence rule, which allows a victim to recover damages only if they are less than 51 percent at fault for their injury. If a victim is found to be 51 percent or more responsible, they are barred from recovering any compensation. If the victim’s fault is less than 51 percent, their recoverable damages are reduced by their percentage of negligence.

For example, if a victim incurs $100,000 in damages but is deemed 30 percent responsible for the accident, they can recover $70,000. This rule ensures that a victim cannot disproportionately shift responsibility to a property owner if their own actions were significantly at fault.

Proving the property owner’s negligence is essential for a victim’s ability to recover damages. A slip and fall injury lawyer engaged to represent the victim gathers such evidence as surveillance footage, maintenance logs, and eyewitness accounts, to establish that the owner or occupier failed to address a known or foreseeable hazard. For instance, if a victim slips on a patch of ice that was present for several days, a lawyer might argue that the property owner neglected their duty to remediate the hazard. Similarly, if a store owner knew about a spill but failed to clean it promptly, this failure could be presented as the primary cause of the accident.

A lawyer can also counter arguments from the defense that aim to exaggerate the victim’s negligence, which could lead to dismissal based on the 51 percent threshold. By presenting a strong case of majority fault by the property owner, the lawyer maximizes the victim’s prospects for appropriate compensation.

Gesmonde, Pietrosimone & Sgrignari, L.L.C. in East Haven and Hamden represents people injured in slip and fall accidents throughout Connecticut. Please call 203-745-0942 or contact us online for a consultation.