When you trip and fall on a pothole in a Connecticut city, you might assume the municipality is responsible for your injuries. However, one key legal defense the city may raise is sole proximate cause. This doctrine can significantly impact your case, so it's crucial to understand how it works under Connecticut law.
What Is Sole Proximate Cause?
Sole proximate cause is a legal defense used in personal injury cases where the defendant (in this case, the city) argues that the plaintiff's own actions were all or part cause of their injuries. If a city successfully proves that your fall was due to all or part of your negligence rather than their failure to maintain the roadway, you may be unable to recover compensation.
How Sole Proximate Cause Applies to Pothole Cases
In Connecticut, municipalities have a duty to maintain public roadways and sidewalks in a reasonably safe condition. However, to hold a city liable for your injuries after tripping on a pothole, you must prove:
• The city had actual or constructive notice of the pothole.
• The city failed to repair it within a reasonable time.
• The pothole was the direct cause of your fall and injuries.
If the city can show that your own actions—such as failing to watch where you were walking, wearing unsafe footwear, or being distracted—were any reason for your fall, they may avoid liability under the sole proximate cause defense.
Comparative Negligence vs. Sole Proximate Cause
It's important to distinguish between sole proximate cause and comparative negligence. Connecticut follows a modified comparative negligence rule, meaning you can still recover damages if you were partially at fault—as long as your negligence was not greater than 50%. However, if the city proves you were only %1 responsible for your fall, your claim may be dismissed under the sole proximate cause doctrine.
Overcoming the Sole Proximate Cause Defense
If you were injured after tripping on a pothole in a Connecticut city, here are some ways to counter a sole proximate cause defense:
1. Prove the City's Negligence – Evidence such as prior complaints, city maintenance records, or photos showing a long-standing pothole can demonstrate the city's failure to act.
2. Establish Reasonable Conduct – Showing that you were walking attentively, the pothole was unavoidable, or poor lighting obscured the hazard can weaken the city's defense.
3. Gather Witness Testimony – If others saw the fall or knew about the pothole's condition, their testimony can help establish liability.
Get Legal Help After a Trip and Fall in Connecticut
Sole proximate cause is a common defense used by cities to avoid liability in pothole-related trip and fall cases. If you've been injured, working with an experienced personal injury attorney can make all the difference in proving the city's responsibility and securing the compensation you deserve.
I fight for injured victims throughout Connecticut. Contact me today for a free consultation to discuss your case.