Who Is at Fault if I Slip and Fall In a Parking Lot?

Published on Feb 28, 2022 at 1:16 pm in Premises Liability.

Aerial view of parking lot

You slipped and fell in a poorly maintained parking lot. You suffered serious injuries that led to an accumulation of costly medical expenses. You took time off work to recuperate and lost weeks or months of wages. You missed an important event in your life, and the time taken for recovery has prevented you from enjoying the everyday activities that once comprised your normal life.

If this sounds like your case, you’re not alone. It’s estimated that slip and fall accidents lead to over a million emergency room visits per year. Slip and fall accident victims who have suffered situations like the one described above have the legal right to seek compensation if someone else’s negligence caused their injuries and losses. The law provides means for people in these challenging situations to hold at-fault parties accountable and seek damages. To learn more about legal options following a slip and fall accident in a parking lot, contact the Jackson personal injury lawyers at Pittman, Roberts & Welsh, PLLC.

What Happens if I Fall In a Parking Lot?

If you fall and are seriously injured in a parking lot owned by another person or company, you may be entitled to file a personal injury claim against the party whose negligence led to your damages. As a type of premises liability case, slip and fall accidents depend on proving negligence. Because property owners have a duty to keep their premises safe and free from known hazards, they may be found negligent if they fail to keep the premises safe for visitors. For your case to move forward, you and your slip and fall accident lawyer will need to be able to prove that:

  • The property owner or other party responsible owed you a duty of care.
  • The negligent party breached the duty of care.
  • You were injured and suffered damages as a result.

The damages you suffer in a slip and fall accident can be substantial. Although slip and falls may have a reputation as a less serious type of injury, we know this is a gross misconception as experienced slip and fall accident lawyers. Victims of a parking lot slip and fall accident may suffer traumatic brain injuries (TBIs), concussions, spinal cord injuries, broken bones, and other kinds of severe physical trauma. A slip and fall victim may even experience injuries that lead to permanent disability or paralysis. Due to the potential severity of these types of cases, the law provides a way for those hurt by someone else’s negligence to recover compensation for their losses.

Knowing who is liable for a slip and fall that happens in a parking lot is not always easy. Your attorney will need to examine all aspects of the circumstances leading to your injury to determine liability. In a parking lot accident, liability may fall on one of the following parties depending on the circumstances surrounding the case:

  • A private owner
  • A municipal entity
  • A subcontracted maintenance or construction company
  • Another motorist

Parking Lot Hazards That Can Cause Slip and Fall Accidents

Property owners must be aware and take care of hazards that can cause foreseeable accidents on the premises. In a parking lot, slip and fall hazards might include:

  • Oil or other slippery liquid spills
  • Poor lighting that limits visibility
  • A lack of handrails where needed
  • Dangerous potholes and cracked, uneven, or damaged pavement
  • Standing water due to poor drainage systems
  • Garbage, debris, or other objects left in walking areas
  • A lack of warning signs about potential hazards

If your fall was caused by a weather-related hazard left uncleared, your slip and fall lawyer will carefully assess the conditions to determine if negligence was a factor in your injury.

How To Prove Fault in a Slip and Fall Accident

A premises liability lawyer will need to investigate specific questions regarding a slip and fall case. These include who is liable for the accident, how the liable party’s actions contributed to the accident, and how the victim’s actions may or may not have contributed to the accident. The answers to these questions will determine how a case will proceed and what compensation may be available to the victim.

You’ll not only need to prove negligence in your slip and fall case, but that this negligence led to your injury and subsequent damages. Evidence to prove how a slip and fall accident occurred and its impact on your life may include:

  • Security camera footage
  • Photographs
  • Eyewitness statements
  • A police report of the accident, if one was made
  • A journal or other written account detailing your accident and injuries
  • Documentation that may indicate a history of similar incidents in the parking lot
  • Records showing when and how the property was maintained
  • Medical records from the treating hospital and your physician
  • Medical bills showing your cost of treatment, therapy, and rehabilitation
  • Documents showing your loss of wages or income
  • Receipts for out-of-pocket expenses associated with the injury, like transportation or child care
  • Other evidence to show noneconomic damages like pain and suffering or emotional anguish

Your compensation for a slip and fall accident will depend on the evidence that shows the injuries and damages you sustained. It’s important to hire an attorney who will devote the time and effort necessary to fully understand how the accident changed your life. An experienced lawyer will be able to paint a complete picture of the damages you sustained and why you need and deserve compensation. A legal representative who rushes through the handling of your case, on the other hand, might not take into account any delayed injuries that arise weeks or months after the accident, even if these injuries lead to thousands of dollars in medical bills.

When you partner with an attorney from Pittman, Roberts & Welsh, PLLC, you can be confident that we will give your case the attention it deserves. We treat our clients as we would want to be treated after an injury—with personal consideration, individual care, and focused effort toward securing the financial future you need for optimum health and wellness. The success we have achieved on behalf of our clients speaks to our commitment and dedication. We understand how to resolve your issues and help you move forward after an accident that has negatively impacted your life in many ways.

We invite you to begin a conversation with an experienced slip and fall attorney from our firm by filling out an online case evaluation form. A lawyer from Pittman, Roberts & Welsh, PLLC will review your case details at no cost to you and schedule a free meeting to discuss your legal options.

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