Navigating Slip and Falls in Unsafe Parking Lots: Know Your Legal Stand
By Ross Cellino
Slip and fall accidents can occur when a walking hazard, such as a pothole, wet floor, or missing step, takes someone off their feet and sends them to the ground. This type of accident can occur in parking lots and result in severe injuries, such as a traumatic brain injury (TBI), bone fracture, or facial injury.
The asphalt and concrete in parking lots can expose slip and fall victims to serious blunt-force trauma. They can have minimal cushion to prevent injuries, with the surface outside causing damage to the skin, bones, muscles, and ligaments.
A property owner can share liability in a parking lot slip and fall accident claim if they fail to maintain a safe environment in their parking lot. A slip and fall accident victim can file a slip and fall accident claim with the property owner’s insurance company to pursue compensation for damages.
What Can Cause a Parking Lot Slip and Fall Accident?
Those visiting a property must know they can suffer a slip and fall accident in a parking lot. Most would assume a slip and fall accident would happen indoors because of a wet floor, loose floorboards, or wires stretching across the floor.
However, walking hazards in parking lots can also cause a person to slip and fall onto the parking lot’s asphalt or concrete on the sidewalk leading to the building. Property owners must ensure there aren’t walking hazards in their parking lot that can cause a slip and fall accident.
The following are some parking lot walking hazards that can cause a slip and fall accident:
- Parking lot potholes
- Slippery parking lot surfaces
- Property owner failing to salt snow and ice in the parking lot
- Missing steps leading to the building
- Poor parking lot condition
- Fresh parking lot line paint
- Poorly marked concrete divider
How Can You Avoid a Parking Lot Slip and Fall Accident?
Avoiding a slip and fall accident requires someone to stay alert of where they are walking, even in their short walk from the parking lot to the building. As long as they pay attention to where they are going, they should be able to identify and avoid walking hazards.
After it has snowed or if there is ice on the ground, people must stay even more alert to slipping and crashing to the ground. Take short steps and keep your hands free to maintain your balance should you slip.
Once you reach the building, you should notify the staff present that there are walking hazards in the parking lot. This way, they can correct the issues and prevent other visitors from possibly suffering life-altering injuries from a slip and fall accident in the parking lot.
Who Can Be Held Liable for Slip and Fall Accidents in Parking Lots?
Following a slip and fall accident, you could file a slip and fall accident claim to hold the at-fault party accountable for damages. In a parking lot slip and fall accident, the most likely liable party is the property owner.
It’s their responsibility to ensure that all elements of their property do not have dangerous walking hazards that can cause a slip and fall accident. A property owner must take care of any parking lot walking hazards, and failing to do so can leave them liable for damages.
In some cases, an employee of the property owner can share liability if it was their job to fix the walking hazard and they failed to do so. Speak to a slip and fall accident lawyer to see who they believe can share liability for your parking lot slip and fall accident claim.
Proving Liability in a Parking Lot Slip and Fall Claim
Recovering compensation for damages in a parking lot slip and fall accident requires you to prove the at-fault party’s negligence. There are four elements of negligence:
- The at-fault party owed you a duty of care
- They breached the duty of care they owed you
- The slip and fall accident occurred because they breached the duty of care
- You suffered a serious injury and damages from the slip and fall accident
After filing a slip and fall accident, you must collect evidence to prove the slip and fall accident. By establishing the four elements of negligence, the at-fault party can be held liable for damages. Some evidence that can prove a slip and fall accident includes photographic evidence of the walking hazard, medical records, eyewitness statements, and video evidence of the accident.
Should You Hire a Slip and Fall Accident Lawyer?
You could file a slip and fall accident claim after suffering an injury on another person’s property to pursue compensation for damages like medical bills, lost wages, and loss of enjoyment of life. However, handling the process alone can be difficult without a legal background.
Slip and fall accident victims can make mistakes that can hurt their ability to recover total compensation without legal counsel. After suffering a slip and fall accident injury, you should hire a slip and fall accident lawyer to help with the slip and fall accident settlement process.
They can advise you on the best steps to recover fair compensation for your damages. They can help determine the value of your claim, collect evidence to prove the at-fault party’s liability, speak to witnesses, and negotiate a settlement with the at-fault party’s liability.
Contact Cellino Law for Help With Your Slip and Fall Accident Claim
At Cellino Law, our slip and fall accident attorneys have decades of experience helping victims recover compensation for severe injuries like head injuries, broken bones, and spinal cord injuries. You can expect personalized legal counsel from our slip and fall accident lawyers that puts you in the best position to recover fair compensatory damages.
Our slip and fall accident lawyers offer free consultations to show potential clients how we can help them hold a property owner accountable for parking lot walking hazards. Contact Cellino Law today for a free slip and fall accident case evaluation by calling us at (888) 888-8888 or leaving a message on our online contact page.
Content checked by the personal injury attorney Ross Cellino
Ross Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
