Can You Sue If You Fall in a Parking Lot?

Accidents and other injuries can occur anywhere, but there are specific hazards and legal issues relating to parking lot injuries that can mean you’re eligible for compensation if you get hurt. The incident might involve a simple trip or slip, but you can also seek compensation if you’re injured in an assault.

Duty of Care

The entity that owns or operates the parking lot typically has a duty of care towards those who use it, as long as they are doing so safely and legally. If a person is trespassing, behaving in an unsafe manner, or in the process of committing a crime when they’re injured, there may still be some duty of care, but this is significantly reduced.

Generally speaking, the entity responsible for the parking lot must keep it properly maintained. This includes ensuring that surfaces are level, hazards are marked or removed, and illumination is sufficient. In some cases, providing security might fall under the duty of care.

Slip, Trip, or Falling Injuries

Slipping or tripping is a very common cause of injury. Sometimes the injury is minor, such as a strain or sprain. Often, though, the results can be severe. Broken bones, lacerations, torn muscles, and head injuries are all possible. There is no fault involved in some cases — it’s merely bad luck on the part of the injured person. If the parking lot was poorly maintained or improperly lit, however, the entity responsible for the parking lot may be on the line to pay compensation.

Slip hazards include oil, water, or other slippery fluids. If there’s a leaking pipe or drain, for instance, and someone slips in the resulting pools of water, this might be grounds for a lawsuit.

Potholes, broken concrete, and cracked or crumbling surfaces are all examples of trip hazards that might give grounds for a lawsuit. If items that could cause someone to trip or suffer some other injury are left out in the parking lot, this could also be the basis for a compensation claim. Trailing hoses or cables are other examples of trip hazards.

Steps and uneven ground need to be clearly marked to avoid trips and falls. If the person or company responsible for the parking lot fails to do this, they might be liable for compensation if someone is injured.

Illumination

Because hazards are harder to spot in the dark, there may be a responsibility to provide proper illumination during dark hours. Assaults and robberies are also more common in poorly lit locations, as are accidents involving pedestrians. This means that you might have a case if you fall or are assaulted in a darkened parking lot, even if no other hazards are present.

Problems

One problem with injuries in parking lots is that there may be a lack of witnesses or evidence. This can make pursuing a claim for damages complicated. If witnesses are present, things are more manageable. You may also be able to use security footage of the parking lot to help support your claim.

You might also encounter problems in identifying the entity that is responsible for the parking lot. Sometimes this will be the company or individual who directly owns the lot. It might also be the business that the lot serves or someone else who rents the lot.

Personal injury lawsuits can be very complicated, especially if several different factors are in play. It’s important to seek representation from an experienced and knowledgeable personal injury attorney. Contact the Graves Thomas Rotunda Injury Law Group today for a consultation.

Vero Beach Car Accidents Involving Out-of-Town, Visiting Drivers

A car accident injury  (or worse, a fatal car accident) can be a life-changing experience. It’s not just the victim who is affected, but their dependents and loved ones. Suppose you have an accident in Vero Beach involving an out-of-state driver. In that case, you’ll need expert help and support from an experienced personal injury attorney who is familiar with the complexities of Florida’s laws.

Accidents with Out-of-State Drivers

Sometimes a Vero Beach car accident involves a driver from another state, such as a tourist or business traveler. Some victims fear that if the other driver has an out of state driver’s license, they may struggle to obtain compensation.  Florida state laws mean that accidents occurring on the Sunshine State’s roads fall under Florida’s jurisdiction. It doesn’t matter whether the driver is from another state.

There’s also a “Long Arm” statute, meaning that out-of-state drivers involved in Florida road traffic accidents can be recalled to Florida for court appearances. By choosing to drive on roads in the state of Florida, the driver consents to abide by the state’s laws and is subject to the “Long Arm” statute. This means that someone who gets into a traffic accident in Florida is obliged to appear in court if they are sued over their involvement in a road traffic accident.

Comparative Fault

Different states have different approaches when it comes to determining fault and deicing on compensation. Florida is what is termed a “pure comparative fault” state. In a pure comparative fault state, compensation is determined based on each party’s degree of fault. This means that if more than one person is found to have contributed to causing the accident, all those responsible may be held liable. For example: if Driver A is distracted by their phone and is struck by Driver B, who has ignored a traffic signal, both drivers may be held liable for the resulting accident.

Accidents Occurring Outside of Florida

If you’re a Florida resident who has been injured in a car accident while driving out of state, you will not fall under Florida’s jurisdiction. You will need to file any lawsuit you bring in the place that has jurisdiction in that instance. This might be the state, the county, or the city, depending on the circumstances. If you have an accident out of state, you’ll be bound by the state’s laws where the accident happened. You’ll need to find a lawyer with experience and knowledge of the laws relating to car accident injury in that state.

What to Do After a Road Traffic Accident

Regardless of where the accident took place, there are some steps you should always take following a car accident.

  • Don’t leave the scene. If it is safe to do so, remain with your vehicle until law enforcement arrives.
  • Notify law enforcement. This can be the highway trooper or local law enforcement.
  • Offer any assistance that you reasonably can to those involved.
  • Exchange information with the other party or parties involved. This includes insurance details, driver’s license information, etc.
  • Gather evidence. Take photographs, collect the names of any witnesses, etc.
  • Seek medical attention as soon as possible. You may feel all right after the accident, but some injuries don’t always manifest right away.
  • Do not admit fault. Even if you feel that you’re responsible for the accident, this is for the courts to determine. Admitting fault can prejudice a future court case and might mean that you don’t get the compensation you deserve.

If you do decide to move forward with a lawsuit, or if another driver sues you, you will need a skilled and experienced car accident attorney. Contact the Graves Thomas Injury Law Group today.