Trip and Fall – Slip and Fall in Parking Lot of a Store Business
Many people have found themselves walking in a parking lot, and tripped, slipped and fell in that lot on something that was a hazard to their feet. We walk in parking lots all the time. When we drive to a business, we park our cars in a parking lot. If we walk from shop to shop, we are quite naturally walking back through the parking lot to leave. If we have been dropped off at a store, we are going to have to walk into a parking lot to exit the store area and go somewhere else.
Parking lots need to be created safely, and maintained for safety. A parking lot is not constructed, asphalt or concrete poured, and the owner of the property claps his hands together for one and done. Not at all, a parking lot needs constant maintaining and upkeep, to keep that area safe for the patrons and customers who will be frequenting the stores.
What should I do if I fall in a parking Lot or parking structure?
Parking lot accidents result in thousands of serious injuries and fatalities each year. Victims of accidents caused by the wrongful negligent or intentional acts of others are entitled to compensation. Liable parties in parking facility accidents often not only include the driver of the vehicle involved in the accident but also the owner/operator of the parking facility for under a premises liability cause of action. Under premises liability laws commercial properties owe a general duty to visitors to ensure their parking lots are free from dangerous hazards. Liability will be established if a property owner’s failure to abide by safety and health standards results in injury to another.
Common Causes of Accidents in Parking Lots:
Some of the most common cause of parking lot car accidents are as follows:
- Poor Lighting
- Distracted Driving while searching for parking space
- Driving while texting or using a cell phone
- Speeding in Parking Structured
- Failure to Stop on Cross Walks
- Improper Maintenance
- Uneven Walkways
- Structural Defect
- Wet and Slippery Surfaces
- Oil Spillage
- Unsanitary Conditions
Premises Liability: Property Owner of Parking Lot May be Liable for your Accident
A property owner is responsible for proper maintenance and upkeep of the property including designated parking areas. A property owner’s liability extends to any defects on his property which are a cause of injuries including, slippery stairwells, unsafe elevators, and improper installation of safety barriers. Landowner or possessors liability varies greatly depending upon the classification of the victim. Generally, all visitors fall into one of three categories: Invitee: An invitee is owed the highest duty of care. They are any individual who is either expressly or impliedly invited to another person’s premises for their mutual benefit. Licensee: Any individual who enters the premises at the owner or possessors consent for a nonbusiness or commercial purpose. The most common example is a social guest. In order to recover as a licensee, a victim must establish (all three):
- The owner or possessor knew or should have known of the dangerous condition, and should have known that it created an unreasonable risk of harm, and likewise should have known that the plaintiff would fail to discover the dangerous condition
- The owner or possessor did not make the condition safe or failed to warn the licensee of the condition
- The licensee did not know of the dangerous condition or the risks involved.
Can I Sue the Store Owner?
Yes, you can sue the store owner for personal injuries sustained in trip and fall or slip and fall in a parking lot of a store business. Parking lots need to be created and maintained for the life of the parking lot. The sidewalk and sidewalk curved areas of the parking lot need to be level and smooth, to avoid tripping hazards on that area of the parking lot. There can be no chips in the curbed areas and the ramps need to be free from hazardous debris. The areas leading to the parking lot from the sidewalk need to have textured and non-slip bottoms on the ground, to prevent slipping of the pedestrians in a rain event.
Parking lots need proper drainage systems, to prevent the pooling of water and debris on the parking lot surface. The drainage systems need to be in place to prevent flood waters and the accumulation of debris. Each week, there needs to be a review of the maintenance department of the safety of all systems used in relation to the parking lot. Any manholes, drains, pipe connectors underground, or chipped areas and potholes need to be reviewed and fixed as necessary.
Striping of the parking lot lines and car lanes needs to be put in properly to prevent a car or truck from coming at a pedestrian the wrong way or angle, while the pedestrian is walking back to a car in the parking lot. Trees should not be planted too clos to the edge of the parking lot, to prevent blowing slippery leaves, or downed branches that can create roadway hazards, in a parking lot.
If you have been injured in a parking lot of a store or business, you need to give us a call right away. You can take it from us, you need a lawyer with experience in handling soft tissue and personal injuries from people wo fell in a store business parking lot. When you give us a call today, we will sit down with you, and you can talk to an attorney with expertise in the settlement of claims from people falling down in a store parking lot.
Is The Owner of The Store Liable?
Either the owner of the store will be liable for your injuries if the store owner also owns the land where the parking lot is situated. Or, the store owner rents the store from a landlord and the landlord is liable for your personal injuries falling down in their parking lot. You need to give us a call right away, if you were injured in a parking lot in a slip and fall.
When you call us, you will be able to talk to knowledgeable attorneys, ready to take your case on against the big insurance companies. We assure you that your case is in good hands, when you talk to a lawyer with specialty in slip and falls in parking lots of store businesses. In that case, if you are trying to figure it all out, just call us to talk to lawyers who can help with resolving your claim for slipping, tripping or falling in a parking lot of a store business.
Who Is Responsible for My Injuries?
Whoever is responsible for the store parking lot is responsible for your injuries. That being said, the store owner, landlord or leasing agent responsible for the care and maintenance of the store parking lot is going to be responsible for your injuries. What can happen to a parking lot to make it unsafe? It can have many hazardous conditions such as:
The pedestrian, customer or patron who slips, trips and falls in a parking lot of a store business is not responsible to maintain that parking area. Then, it stands to reason that the person responsible is the owner of the store, the landlord of the store venue, or the realtor managing agent who is responsible for the maintenance of the parking lot.
If you have injuries from a slip, trip and fall in a parking lot, you need to call us right now. We are definitely here for you, if you want to win, just call experienced attorney in Los Angeles who are ready to take on your personal injury claims. Our law firm is highly experienced in these types of cases, and we have on our team attorneys who specialize in slip, trip and fall cases of people who are injured in store business parking lots.
The Value of Your Parking Lot Accident Lawsuit
The amount of compensation you can recover after your parking lot accident depends on the extent of your injuries, and the other damages that were incurred due to your accident. For example, the compensation you can receive if you slip and fall and break part of your spine, potentially leaving you permanently disabled and unable to work, is substantially higher than if you fall and fracture your pinky finger. And so the only way to determine the compensation for your damages is to know the extent of the damage. That said, it is important that you contact a parking lot accident attorney when you are involved in a parking lot accident so that you can recover the maximum possible compensation for your damages. Without the proper attorney with experience in parking lot incidents, you will miss out on the amount of compensation you deserve. Insurance companies and adjusters and agents will attempt to unload their liability onto you, or others so that they pay less when it comes to a settlement. An attorney will protect you from attacks from adjusters and others by speaking with them directly. Our attorneys will negotiate with the agents to reduce your bills and increase the compensation — thus putting more money in your pocket.
Learn more about your legal options: Call (888) 649-7166 to speak with a representative now.
Parking lot accidents can vary from slip and fall accidents to pedestrian run-overs. Figures can range from tens of thousands, hundreds of thousands, and even millions of dollars. To get an understanding of the amount of compensation you deserve for your accident, you have to contact our expert team of lawyers. They will review the facts of your case and give you their professional opinion regarding compensation, procedure, and more. Further Helpful Information Regarding Property Owner Liability: – Accidents Caused by Drivers Backing Out or a Their Parking Space – Parking Lot Pedestrian Accidents – Accidents Caused by Defective Parking Gate Arms – Liability for Sexual Assaults in Commercial Property Parking Lots
Common Parking Structure Accident Injuries:
Parking lost accidents are usually low-speed collision leading to minimal damage to the vehicle and individual because people drive slowly in parking lots. But even low speeds like 5-15 miles per hour can cause serious and catastrophic damage to the unprotected human body. Even a body that is protected behind the metallic frame of a car is susceptible to serious low-speed collisions; they mostly depend on how quickly the car came to a full-stop. If it was an immediate stop, the head and neck continue their forward movement, and are heavily strained and pulled and stretched, which can cause painful and sometimes chronic injuries. Parking lot accident can lead to serious injuries and, at times, fatalities. Some of the most common parking lot accident injuries are as follows:
- Whiplash and Other Neck Injuries
- Spinal Cord Injuries
- Head Injuries
- Fractures Nose
- Facial Lacerations
- Broken Bones in the Leg and Arms
- Internal Bleeding
- Partial- and Full-Amputations
The Ultimate Guide to Slip & Fall Accidents
– Slip and Fall accidents
What Should I do after a Parking Lot Accident:
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– Slip and Fall Accidents on Sidewalks
– Slip and Fall Accidents in Restaurants
– Who Is Responsible For Sidewalk Maintenance
- Seek immediate medical attention. The most important thing to remember in any accident is that your safety comes first.
- Take as many photos and physical evidence that will prove that your accident was the result of the property owner, manager, or another driver. Proving liability is essential to your claim.
- Report your accident to the property owner or management and make sure the business creates an incident report. Additionally, if there are any security cameras that have recorded the accident, make sure you request the preservation of such records.
- Take photos of all injuries you have suffered as a result of the accident. If you have the ability, take as many pictures of the scene as possible. This will serve as good evidence to prove your case and get you the compensation you deserve for your injuries.
- Get the names, telephone numbers and addresses of all witnesses to your accident. Often times, these are the strongest form of evidence to any parking lot accident.
- Never make any statements, except any form of payment, or sign any forms without first contacting a lawyer. Doing so may reduce or fully waive any rights you have to recovery. This is when agents and adjusters trick you into saying the wrong thing, thus, DECREASING the amount of compensation you will receive. Once they have you on record saying one thing or another (typically admitting complete or, at the very least, partial fault) it is very difficult to redact or retract the statement.
- Contact a personal injury attorney at Downtown LA Law at (888) 649-7166 today.