Parking Lot Falls
Georgia Slip And Fall Attorney Explains This Kind Of Premises Liability
Premises liability law holds property owners and managers accountable for accidents that happen on their property. This includes not only buildings, but also outdoor areas like parking lots. This means that if you sustain serious injuries because of a slip and fall accident in a parking lot or garage, you may be entitled to compensation. However, liability in these kinds of cases usually depends on the circumstances of the accident as well as who is legally responsible for the upkeep of the parking lot. Sometimes the property owner retains control of the parking area. However, sometimes the businesses that lease nearby buildings may also be responsible for the lot.
If you slip and fall in a parking lot, then you may be able to recover compensation from the owner’s insurance company or through a personal injury lawsuit. However, insurance adjusters may try to deny or minimize your claim, often by attempting to shift the blame onto you. A qualified slip and fall attorney from McArthur Law Firm can assist you in gathering evidence and filing a claim. Our lawyers have been helping injury victims stand up to insurance companies and fight for their right to compensation. We bring 200 years of combined experience to each claim. If you have questions about your legal options after a fall in a parking lot, our attorneys can get you answers.
What are Common Slip and Fall Hazards in Parking Lots?
Georgia premises liability law does not require parking lot owners to ensure complete safety for visitors, since some hazards are not preventable. However, owners and/or managers do have a duty of reasonable care to address certain hazards that may cause slip and fall accidents. These may include:
- Uneven asphalt or pavement. Severe cracks in the surface of the parking lot may create tripping hazards if unaddressed.
- Poor lighting. Even though a parking lot is outdoors, commercial property owners must still have and maintain adequate lighting. Poor or dim light can increase the risk of slip and fall accidents due to bad weather and other hazards.
- Debris or trash. Property managers must take reasonable steps to ensure a parking lot is free from litter and other debris which may cause a fall.
- Some spills. Paint, oil and other spills can cause slippery patches on the surface of a parking lot.
- Snow and ice. The party responsible for the parking lot should ensure that it is plowed and salted within a reasonable period after snowfall.
Who is Liable for Slip and Fall Accidents in Parking Lots?
Parking lots may be for use by customers of specific commercial businesses, privately owned lots or available for free public use. Thus, many different parties may be liable for slip and fall accidents in parking lots. Generally, the person or entity legally in control of the property is responsible for accidents on the premises. Possible parties from whom you may be able to seek compensation include:
- Commercial property owners. Most often, the actual property owner is liable for injuries in parking lot falls. This may mean the owner of a business or government entity which provided the lot.
- Commercial operators. If the property owner rents out the premises to a separate business, then the renter may be liable. However, this will depend on the lease agreement between the owner and operator. If the lease specifies that the owner maintains control over the parking lot, then the owner is liable.
- Apartment owners. Usually, the apartment complex owner is liable for accidents that occur in the parking lot, not the individual tenants.
To file an insurance claim and/or personal injury lawsuit against any of these parties, you must demonstrate the owner or operator was negligent in some way. In general, this means that the person responsible for the lot breached the duty of reasonable care owed to visitors. This requirement is often open to interpretation, which may complicate your personal injury claim without legal counsel.
Hurt in a Parking Lot Fall? Contact a Slip and Fall Attorney Today
If you sustained serious injuries in a parking lot, contact a slip and fall attorney from our law firm. We can investigate the circumstances of your fall and help ensure that you get the compensation you deserve from an insurance claim and/or personal injury lawsuit.
We accept cases throughout Georgia as well as nationwide from our Macon or Atlanta law office. Call today or contact us online to schedule a free initial consultation about your premises liability claim.