Parking lots are some of the most common spots for slip-and-falls. Snow, ice, and other inclement weather increase the chances of accidents occurring. Falls can cause broken bones, brain injuries, and other devastating injuries. If you have been injured in a slip and fall accident, you may be able to recover damages from the parking lot’s owner. However, to do so, you may have to navigate the court process.
The legal process is not set up to be user-friendly, and you need an experienced attorney to guide you through the process so you receive the compensation you are owed. A Fort Lee Personal Injury Lawyer will not only fight for you but also support you through every step of this difficult time.
Common Causes of Slip and Fall Accidents in Parking Lots
Parking lots are littered with potential hazards, especially if not properly maintained. These hazards can lead to life-alternating injuries. Property owners have a duty to keep up these properties; however, they are often neglected. While slip-and-fall parking lot accidents can happen for many reasons, some of the most common include:
- Uneven Payment: Anytime there is an uneven surface, there is a fall risk. One particularly hazardous area is when asphalt meets a concrete walkway, which frequently causes people to stumble. These stumbles can easily lead to full-out falls and result in serious injuries.
- Wet Surfaces: Whether from rain or melted snow, wet parking lots pose a serious fall risk. Not only is water slippery, but it can conceal depressions, masking their depths and leading to catastrophic injuries.
- Loose Debris: Accumulations of rocks, trash, leaves, or branches can pose tripping hazards to pedestrians using the parking lot. Additionally, wet leaves can be extremely slippery and lead to falls that result in devastating injuries.
- Inadequate Lighting: Poor lighting is a hazard on its own. However, it is especially dangerous when paired with another hazard, as a victim cannot see and avoid the danger.
- Snow and Ice: New York winters frequently bring ice and snow. If not cleared properly, they pose a serious slipping hazard. Additionally, melted ice and snow that re-freezes within small cracks in the pavement can result in large cracks or even potholes.
- Potholes: One of the leading causes of slip and fall accidents are potholes. Potholes can fill with water, making them even more hazardous, as they are virtually invisible. Victims can easily step in a pothole, whether filled with water or dry, and seriously injure themselves.
- Inadequate Drainage: When rainwater and melted snow have nowhere to go, it pools on the pavement. These pools not only pose a slipping hazard but can also conceal other hazards like cracks and potholes. This accumulation of hazards increases the chances of victims suffering life-changing injuries.
How to Prove Liability in a Parking Lot Slip and Fall Case
After suffering an injury from a slip and fall accident in a parking lot, you can sue for compensation under the theory of premises liability. Premises liability is the legal obligation of property owners to maintain safe conditions on their properties. To prove someone else is liable for the injuries you suffered in New York, you must demonstrate that the following are true:
- The property owner owed you a duty of care: Parking lot owners have a duty to make sure their property is reasonably safe. For example, the property owner must remove snow within a reasonable time after the snowstorm has passed.
- The property owner breached the duty: To succeed in your claim, you must prove that the owner knew or should have known about the dangerous condition. In short, you must prove that the property owner was negligent and did not properly maintain their property.
- The unsafe conditions lead to your injury: To prove that the hazardous condition caused your injury, you will need medical records. It is vital that you show that the condition was the direct cause of your fall.
- You suffered actual harm: Without damages, there is no case. So, you must present medical records, evidence of lost wages, and any other proof that shows that your parking lot fall caused you to suffer harm.
The Role of Comparative Negligence in Slip and Fall Cases
A common defense used by property owners in slip-and-fall cases is that the victim should have been more careful. However, even if the property owner shows that the victim should have tread with caution, the victim’s claim is not completely barred thanks to New York’s adoption of comparative negligence.
Comparative negligence is a legal principle that allows the court to assign a percentage of fault to each party involved. This is in sharp contrast to the traditional all-or-nothing approach, where the victim could not receive compensation if they were found even slightly at fault. Under comparative negligence, the victim can still recover; however, any compensation awarded will be reduced by the percentage the court determines is the victim’s fault. For example, if a victim suffers $100,000 in damages but is also found to be 20% at fault, the victim will only be awarded $80,000.
Parking Lot Accidents in Residential Complexes
In many circumstances, a complex’s owners or landlord is responsible for accidents on their property; however, this is not always the case. There are countless situations where a third party, such as landscapers, trash removal, maintenance, or even other tenants, can be liable for the injuries from your slip-and-fall accident.
To determine who is liable for your injuries, you must ask: Whose action or inaction is directly responsible for your fall? For example, suppose another tenant hits you while walking to your car in the complex’s parking lot. In that case, that tenant is liable for your injuries, not the landlord or owner. Or suppose you trip over trash that covers the parking lot because a third-party trash removal service did not remove the debris as they are contractually obligated to do. In that case, they will likely be responsible for your injury, not the complex’s owner.
Preventing Slip and Fall Accidents in Parking Lots
Regular maintenance is the best way for owners to prevent slip and fall accidents. Owners should also conduct routine checks to note hazards like uneven pavement, cracks, potholes, and drainage issues. Additionally, owners should paint curbs, ramps, and other elevation changes with contrasting colors to make sure these changes are easily visible. The proprietor should also ensure ice and snow are promptly cleared and the parking lot adequately salted. They should also make sure pedestrian pathways are clearly marked as well as ensure that all debris is removed regularly.
Contact A Lawyer For Legal Help
After a traumatic slip and fall, the last thing you need is to try to navigate the legal process alone. You need an experienced, compassionate, and knowledgeable Slip and Fall Lawyer to fight on your behalf so you can get the compensation you deserve. At Omni Injury & Accident Law, P.C., we understand that you are going through a difficult time, and our legal team is here to guide you. Call (646) 503-0404 today to schedule a FREE consultation with one of our passionate attorneys.