Here is a summary of a recent personal injury case according to the Connecticut Law Tribune:
Facts: The Plaintiff saw a vehicle which was “for sale” on Defendant’s property. He leaped over a stone wall to take a look at the vehicle. The Plaintiff landed in a sunken depression and was injured.
Injuries: The Plaintiff fractured his femur and spent two weeks at the hospital waiting for the surgery to subside so that surgery on his leg could be performed. He may eventually need knee replacement.
Plaintiff claims: Negligence in that the Defendant failed to exercise due care in maintaining his property and knew or should known about the dangerous conditon of the property.
Defendant claims: The land owner had no notice of the alleged defect to the property.
Verdict: Economic damages $60,000 for medical bills to date. Non-economic damages of $190,000. Total award $250,000.
This case illustrates the different types of duties owed to those who enter someone’s property. The Plaintiff was considered an “invitee” because the vehicle which was for sale was the reason he entered the Defendant’s property. If there was no vehicle for sale, and therefore the Plaintiff was found to be a trespasser, the result in this case would have been different.