- September 4, 2020
- Personal Injury
If you’re lying in a hospital bed after a severe slip and fall accident, you may think about who can you sue if you fall in a parking lot? It would probably be the parking lot owner. There may be other parties responsible, too, depending on the facts of your case.
Who can be sued for a fall in a parking lot is determined after we investigate your accident, which can start after you hire the Kaplan Lawyers to represent you. With your help, we can turn up evidence that’s key to establishing whether you have a legal claim after a fall, how difficult it may be to prove, and what your claim is worth.
Help Us Help You After Your Injury from a Fall in a Parking Lot
That investigation starts with you. Those responsible for slips and falls often act like it never happened. They didn’t hear about any falls. They don’t know anything and didn’t see anything. Evidence you provide may be key to a successful case.
After you fall in the parking lot, if you’re able, take pictures or a video of the scene. If you’re with someone, they can take pictures or video. Show what you slipped on or tripped over and the surroundings. Photos or a video could provide valuable information:
- How visible was the problem?
- Is it in an area where many people walk?
- Is it uneven, cracked, sand- or dirt-covered, under water or ice?
If you can find someone working for the parking lot owner or manager, tell them about the problem and document the conversation.
Get medical treatment for your injuries, then call Kaplan Lawyers. We need to get as much information as we can as soon as possible, before it’s lost. We could get parking lot security camera footage before it’s erased. We may be able to see the condition that caused your fall, because it may not be fixed.
Who Do You Sue in a Lawsuit for Slip and Fall in a Parking Lot?
Slip and fall accidents are negligence claims. They are used to hold accountable those parties who made mistakes, seeking compensation for their actions, or inactions, if a serious injury results.
A person or entity that’s in control of the parking lot has a duty, under New York law, to:
- Use reasonable care
- Keep it in a reasonably safe condition
- Protect those whose presence is reasonably foreseeable.
Your case would show:
- The defendant (the party being sued) failed to live up to that duty.
- As a result, you slipped, fell, and were injured.
- You suffered damages (the measurement of your harm in dollars).
- New York law requires the defendant to compensate you for what you’ve suffered.
You would establish that there was a defect or unsafe condition that caused your fall. This claim is based on the evidence we find. There’s no formula for what is or isn’t a defect or unsafe condition. The problem can’t be trivial. It’s width, depth, elevation, irregularity, and appearance would be factors.
The problem can’t be too small, but it can’t be too big either. If it’s open and obvious, the defendant may say you’re to blame for not avoiding it. Even if the defect is large, the parking lot owner may not have a duty to warn you about it. But the owner is responsible for maintaining the parking lot in a reasonably safe condition.
You would show that the defendant …
- Created the dangerous condition,
- Knew about it before your injury, or
- Had constructive knowledge of the defect (if it used reasonable care, it would have learned about the problem).
Constructive knowledge of a recurring issue (for instance, an area poorly drains, so melted snow often freezes to ice overnight) can be established if there’s evidence that the defect was a known, chronic problem that was never fixed.
Who Else Might be Responsible for Your Parking Lot Fall?
If there’s be an unsafe condition or activity on a neighboring property that caused your injury, the owner of the adjacent property could be liable. If water is running from the neighboring property onto the parking lot, you slip on the water, fall, and you are injured, the party owning the other property may be responsible for your injuries.
You would need to show:
- The dangerous condition existed.
- This special use caused or contributed to that condition.
- The neighbor knew or by using reasonable care should have discovered the condition.
- They had a reasonable chance to correct it.
- It was a substantial factor in causing your injury.
If a contractor maintains the parking lot, it may be liable for your injuries if it caused the dangerous condition and had an exclusive and comprehensive maintenance agreement with the owner. It could also be responsible if you could show “detrimental reliance” on the contractor’s performance of the work. This could happen if the contractor piled snow in an area of the parking lot, it melted, the water froze, and you slipped on the ice.
Consult a Skilled NY Slip and Fall Attorney for Help with Your Case
Bringing a lawsuit because of an injury in a parking lot can be confusing and complicated. If you are injured and believe hazardous and negligent conditions there caused your fall, one of our skilled attorneys will work to get you the fair compensation you need. The slip and fall attorneys at Kaplan Lawyers, PC are here to help. Contact us today at (516) 399-2364 to schedule a free case review.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]