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Who’s Liable for a Slip and Fall Accident in a Parking Lot?

Who’s Liable for a Slip and Fall Accident in a Parking Lot

A parking lot slip and fall is painful in every way possible. Not only are you wondering just how many passersby and drivers saw you, you also get the full body pain of a fall. On top of that, since you’re on dirty asphalt, you could develop an infection if the fall caused an open wound.

Even if you just get a quick checkup for a slip and fall, you could be left with an unpleasant collection of medical bills. Who’s responsible? At DeWitt Algorri & Algorri, we’ve helped numerous slip and fall clients get the compensation they deserve after being hurt on someone else’s property. In one case we took, a truck driver was awarded over $900,000 after falling on a construction site that failed to install the proper slip-resistant trench plates. We have spent decades practicing in Southern California, and we know exactly what it takes to force insurance companies to step up and make things right for victims.

Ready to find out how our combination of aggressive negotiation and in-depth investigation can help you? Call DeWitt Algorri & Algorri at 855-WINNING (946-6464).

Causes of Parking Lot Falls

 While no slip and fall is pleasant, parking lot falls are particularly dangerous. Not only are you exposed to all of the germs and bacteria on the concrete, but you risk being hit by a car if you can’t get back up. Because of this, property owners are expected to maintain their lots. Some of the ways parking lots may fall into disrepair and become unsafe include:

  • Spills, especially of gasoline and other slick fluids, can make a parking lot extremely dangerous for pedestrians
  • Cracks and divots in the concrete develop over time as temperatures dip and rise, causing the asphalt and concrete to buckle and degrade
  • Potholes caused by weak pavement constantly exposed to the weight of vehicles
  • Obstacles like curbs that blend into the surrounding pavement
  • Poor weather like rain and sleet, although ice and snow are more common culprits in other parts of the country
  • Dim lighting can make all of the above hazards even more dangerous for pedestrians

Determining Liability 

Liability is at the heart of every premises liability claim. It decides who is responsible for your injuries. In California, property owners are expected to provide ordinary care to visitors, guests, and even trespassers. “Ordinary care” means that the property must be kept in a reasonably safe condition. While property owners are not required to make their property as welcoming as a five-star resort, they also cannot let it fall into disrepair without consequence.

What does this mean in a slip and fall case? It means that property owners must keep the parking lot reasonably safe. They do not have to protect visitors against every possible negative outcome, but they should prepare for dangers that could reasonably be expected to happen. A divot in the road is obviously likely to trip someone, so it would be reasonable for a property owner to repair it. After an ice storm, the risk of someone falling is high. A reasonable owner would salt the ground before anyone arrived. Once your attorney has determined liability, they can work on pursuing compensation.

What You Should Do After a Fall

 Take these steps after a slip and fall to protect yourself:

  • Report the accident to the property owner. At a store or restaurant, that generally involves speaking to the highest-ranking manager on-site. You may have to fill out an accident report for their uses. Ensure that you don’t sign anything that waives their liability or involves you accepting the blame for your fall.
  • Get any evidence you can. This includes the conditions of the parking lot, any obstacles you tripped on, and anything preventing you from seeing the obstacle. Get these pictures now, because you can expect the unsafe conditions to be repaired the next time you return.
  • Go to a medical facility. Whether you go to a hospital, urgent care center, or walk-in clinic, see a doctor. If any treatment is necessary, you’ll want to start it right away. This checkup will also provide proof of your injuries.
  • Talk to a lawyer. The moment you left the premises, the manager of the property was on the phone with their company’s legal team. You should do the same and hire a tireless legal advocate for accident victims.

Choose DeWitt Algorri & Algorri—We Hold Negligent Parties Accountable

 Don’t let a property owner convince you that you’re responsible for your own fall when they recklessly let their parking lot become unsafe. Instead, hire DeWitt Algorri & Algorri so we can fight for you. Take the first step now by calling us at 855-WINNING (946-6464) or filling out our online contact form.

The information provided on this website is not legal advice and no attorney-client or confidential relationship is formed by use of the site or by submitting a contact form. None of the content on this website constitutes a guarantee, warranty or prediction regarding the outcome of any legal matter.

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