Trip & Fall in a Parking Lot: Who’s Responsible?

by KellyK on June 10, 2013

If you are injured in a trip and fall accident in a parking lot, it is important to make a report and visit your doctor right away. After all, you will need verification that the incident occurred, and you will also need to determine who is responsible for your injury. Therefore, communicating with the business after the incident happens is vital, and you should contact an attorney if the company in question fails to provide you with the necessary assistance.

How do Trip and Falls Happen?

Many parking lots fall into disrepair due to financial issues, and it is often obvious that there are multiple trip hazards. However, the owner’s liability is not reduced by the fact that you can tell that the parking lot needs to be repaired. Additionally, even the best parking lots can quickly develop hair-line cracks or potholes, and these issues can lead to severe injuries.

Consider for a moment how often you become distracted by something when you are walking across a parking lot. In fact, paying attention to vehicles and other pedestrians typically take precedence over watching your feet. Therefore, it is not surprising that so many people trip in parking lots. Unfortunately, this problem becomes even worse when the owner fails to install proper lighting.

Who is Responsible for My Accident?

The location of your trip and fall will have a big impact on who you need to contact for assistance with your medical bills. For example, if you are injured at a community park, it is likely that you would need to call a representative of the city. On the other hand, if your trip and fall happens in a mall parking lot, you should get in touch with the owner of the property.

Keep in mind that many smaller businesses rent space from a landlord. Therefore, if you get hurt while going to a small local store, the odds are high that the landlord will be responsible for your injuries. However, laws vary from state to state so, for instance, if your accident occurred in NY, you would need to hire a New York slip and fall lawyer.

What about Weather Factors?

If your trip and fall is impacted by adverse weather conditions such as snow or ice, your case might need to be handled differently. After all, the owner of the parking lot might not be the person who is responsible for keeping it plowed.

In some cases, companies that rent land are legally required to take care of weather-related problems. You may also be told that some establishments such as schools have immunity and cannot be sued. However, the odds are high that this is not actually the case, and you should definitely pursue legal action if you sustain serious injuries.

What if I Receive Medical Attention On-Site?

Even if you have an incident at a hospital or doctor’s office and they provide you with medical assistance, it is still possible that you will need to receive additional compensation. After all, a serious injury can cause you to miss work, and it might require multiple follow-up visits. Therefore, it is imperative that you never sign a waiver that removes your right to take legal action.

If you have been injured in a trip and fall, it is important to contact an experienced attorney. They will be able to help you build a solid case, and they can also advise you about the local statute of limitations regarding your injuries to ensure that your lawsuit is filed on time.

Kelly Kovacic is a paralegal who understands that some injuries can be life changing, therefore, it is important to hire the right lawyer to receive just compensation. Parking lots are full of hazards and state laws dictate who is the responsible party. The New York slip and fall laywer group, Perecman Firm P.L.L.C., represents clients who have been injured by slipping and falling in a parking lot in NY and seek legal help for compensation for their injuries.

Previous post:

Next post: