- April 30, 2022
- Jed Strong
- Personal Injury
If you fall in a parking lot, there are a few businesses you could potentially sue for damages. The most obvious party to sue would be the property owner. If the parking lot was poorly maintained by a company hired to manage the parking lot, then you may be able to include the management company in your lawsuit as well.
If the cause of your fall is the way the parking lot was leveled and installed, then you may be able to sue the contractor and the company that paved the parking lot. In some cases, if faulty asphalt was the cause of your fall, then you may also be able to sue the manufacturer of the defective asphalt or parking lot surface.
For example, if a parking lot is paved with asphalt that becomes very slippery when it rains, the manufacturer of the asphalt may be held liable if someone slips and falls on it. Moreover, if the asphalt is not mixed properly, it can become brittle and crack, which creates hazards for people walking on the surface.
If you are injured in a parking lot due to a spillage, you may be able to sue the owner or operator of the vehicle that caused the spill. For example, if you slip and fall on gasoline that has been spilled from a tanker truck, you may be able to sue the truck driver or the company that owns the truck.
What Are the Most Common Causes for a Falling in a Parking Lot?
According to the CDC, over 95% of hip fractures are caused by falling. People can fall in parking lots for a variety of reasons. Some of the most common causes for falling in a parking lot include:
- Snow or ice
- Uneven surfaces
- Loose or broken asphalt or concrete
- Inadequate lighting
- Debris such as rocks, sticks, or trash
- Unmarked hazards such as manholes or puddles
- Oil, water, or other liquids on the ground
- Poor or unsafe parking lot design.
If you are injured as a result of one of these hazards, you may be able to file a lawsuit for slip and fall in a parking lot against the responsible party or parties.
For example, if you slip and fall on an icy patch in a parking lot, you may be able to sue the property owner or manager for not removing the ice.
Typically, the person in control of maintaining a parking lot, whether it be the owner, lessee, or maintenance company, has a duty to protect the people who use the parking lot from harm. If the responsible party fails to inspect, warn, or make safe their parking lot, then they may have breached their duty owed to the people who use the parking lot.
Furthermore, those in control of a parking lot must exercise reasonable care to protect people invited to use the parking lot from an unreasonable risk of harm caused by a dangerous condition on the land.
What Are Typical Injuries from Falling in a Parking Lot?
A typical slip and fall injury in a parking lot occurs when a person trips or loses their balance and then falls because of a dangerous condition. Some common slip and fall injuries include:
- Head injuries
- Back injuries
- Spinal cord injuries
- Neck injuries
- Electrical shock
- Cuts and bruises
- Sprained ankles
- Dislocated hips.
Each type of injury has its own set of risks and complications. For example, a cut can become infected, a sprain can lead to swelling and stiffness, and a dislocated hip can cause long-term pain.
In some cases, a person who was injured by falling in a parking lot may also need to prove that they did not contribute to the accident more than the property owner. Since Oregon uses modified comparative negligence to assign fault, a person suing for damages may need to show that they took reasonable steps to avoid injury so as not to be more at fault (more than 51%) than the property owner.
For example, if someone slips and falls on ice in a parking lot, they may be asked whether they wore boots with good traction, whether they tried to walk in an area where there was less ice, or if any warning signs were posted were they obeyed.
If an injured person can show that they took reasonable precautions but still suffered an injury, then they may have a case against the owner or manager of the property. If a person is found to be partially at fault for the slip and fall, they can still recover monetary damages from the parking lot, but the amount of money may be reduced depending on how their negligence compares to that of the parking lot owner’s negligence.
For example, if a person was awarded $10,000 in damages, but was found to be 30% at fault, then 30% will be deducted from the total award and the plaintiff will receive $7,000.
Your Consultation Is Free, But the Help You Receive May Be Invaluable.
As you can see, there can be a number of potential defendants that can be sued if you fall in a parking lot. It’s important to consult with an attorney to determine who is responsible for your fall and to what extent they may be held liable.
If you fell in a parking lot, it is a good idea to seek the counsel of the slip and fall lawyers at Strong Law.
Slip and fall accidents are often the result of negligence on the part of property owners, and parking lot accidents can result in serious injuries. You may be able to sue the property owner or the company that manages the lot to receive compensation.
It is important to take action if you have been injured. Experienced personal injury attorneys can help you understand your legal options.
Contact our office at 206-741-1053 to schedule a free case evaluation and to learn more about how we can help you.