Slip and Fall Statute of Limitations in Connecticut
Accident & Injury Slip & Fall Accident Accident & Injury Personal Injury
Summary: A blog post about how soon after a fall one must file a slip and fall claim in Connecticut.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries of those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
If you think you might have a viable slip and fall lawsuit in Connecticut, it’s important to understand the statute of limitations as it applies to your situation. A statute of limitations is a law that puts a strict time limit on a prospective plaintiff’s right to ask a court for a remedy after some kind of wrong. There are different deadlines depending on the kind of case you want to file.
In Connecticut, as in most states, the statute of limitations that applies to a slip and fall injury claim is usually the same as the larger one that affects most personal injury cases. Specifically, General Statutes of Connecticut section 52-584 says, “No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct…shall be brought but within two years from the date when the injury is first sustained.”
In plain English, and in the context of a slip and fall accident, if you think the owner of the private or commercial property where the accident occurred is responsible for your injuries, you must get any lawsuit filed against that person (or business) within two years, and the “clock” starts running on the date the slip and fall occurred.
And, reading the language of section 52-584, that same two-year deadline applies if your personal property was damaged — let’s say you broke an expensive watch when you fell, for example — and you want to file a lawsuit asking for the repair or replacement of that property.
So, having read all this, what happens if you try to file your lawsuit after the deadline set by Connecticut’s statute of limitations has already passed? The property owner is sure to make a motion to dismiss your lawsuit, and the court will almost certainly grant the motion. That means you’ve lost your right to ask the court for a remedy for your injuries, and your case is over before it can even get started.
In some rare situations the statute of limitations clock may pause or “toll,” giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Connecticut.
From a strategy perspective, it’s always a good idea to leave yourself plenty of time to file a slip and fall lawsuit, even if you’re confident that your injury claim will be resolved through a settlement. If you have the option of going to court, you also have leverage during settlement talks. If you’re running up against the two-year deadline, contact an experienced Connecticut personal injury lawyer to discuss your potential case.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: NOLO