Who Is Liable if I Slip and Fall in a Parking Lot?
Although parking, lots are considered public spaces, they can be owned by either, private individuals or businesses. The answer to who is liable depends, on several factors, including who owns the parking, lot and whether the property is considered “public.” If you slip and fall on public property, such as a sidewalk or a street, the government entity responsible, for maintaining that property, may be held liable. However, if you slip and fall on private property, such as a parking lot, the property owner may be held liable. Let’s look at how liability is determined in these cases.
Determining Liability
To determine liability in a parking lot slip and fall accident, courts will look at whether the owner of the premises took reasonable steps to prevent accidents and injuries. For example, if there was a spill in the parking lot and the owner didn’t clean it up or put up a warning sign, they would likely be held liable for any injuries that resulted from the spill.
Another factor courts will consider is whether the property owner is aware or should have known about the perilous situation and failed to take the required steps to fix it. For example, if there was a hole in the parking lot that had been there for weeks and the owner did nothing to fix it, they would likely be held liable if someone fell and was injured because of the hole.
In a few cases, the court may find that the property owner is not to blame because the person who was injured was trespassing on the property. For example, if someone slips and falls in a parking lot after hours, the court may find that the property owner is not liable because the person was trespassing when they were injured.
Damages and Compensation
If you were injured, you could be able to recover damage compensation for your injuries. These damages can include medical expenses (including current, past, and future expenses), pain and suffering, loss of consortium, lost wages, and any others.
To recover damages, it’s necessary to prove that the owner of those premises was negligent, thus causing the accident. This means that you will need to show that the property owner did not take reasonable steps to prevent accidents or injuries and that, as a result, you were injured.
Generally, most people seek out the help of a personal injury lawyer for assistance with their case. The attorney will be able to help you gather evidence, such as witness statements and medical records, and build a strong case against the property owner.
Conclusion
When it comes to premise liability law, public property is not held to the same standards as private property. The answer to who is liable if you slip and fall in a parking lot depends on several factors, including who owns the parking lot and whether the property is public or private. If you have been injured in a slip and fall accident, it’s important to consult with an attorney to find out who may be held liable.
