If I Fall in a Parking Lot, Who Is Responsible?
A trip and fall in a parking lot can happen in an instant; unfortunately, the consequences often last much longer. Medical bills, out-of-pocket costs, lost wages, and other expenses can quickly add up, to say nothing of the emotional and psychological pain these accidents can cause.
This is why responsibility—and therefore liability—is so critical. When someone’s negligence leads to parking lot trip and fall accidents, the law allows victims to pursue compensation for their expenses and other damages. Unfortunately, collecting compensation is not so simple.
Proving liability in premises liability claims can be complicated, involving multiple parties, insurance companies, legal procedures, complex negotiations, and more. Winning compensation is possible but requires focus, effort, and experience.
If you’ve been injured by a trip and fall in a parking lot, the parking lot accident lawyers at Maggiano, DiGirolamo & Lizzi are here to guide you through the process and pursue justice on your behalf. We firmly believe that those injured due to no fault of their own have a right to compensation and that negligent parties that cause accidents must be held accountable.
For a FREE consultation, call us today at (201) 585-9111. Our premises liability lawyers serve clients in Fort Lee and throughout New Jersey and New York.
What Happens If You Trip & Fall in a Parking Lot?
If you trip and fall in a parking lot, the first thing you should do is receive medical attention. This is important for two reasons:
- Your injuries may be serious. Even if you feel like you can “shake it off,” the shock and adrenaline you are feeling may make it difficult to assess the state of your injuries. If there is any indication you have suffered an injury, see a doctor as soon as possible.
- Your premises liability claim could depend on it. If you fail to receive medical attention following a trip and fall accident, the insurance company may argue that your injuries are not as serious as you claim. If you promptly seek medical treatment, on the other hand, it will provide immediate documentation of your injuries and show the clear causal link between the trip and fall and your injuries.
Once you receive the medical attention you need, there are a few other things that need to happen:
- An investigation
- Evidence collection
- Witness interviews
- The completion of reports
Of course, it can be difficult to follow through with these tasks while you focus on healing from your injuries. This is where a good parking lot accident lawyer can step in to help build your case.
If I Fall in a Parking Lot, Who Is Responsible for My Damages?
Typically, the party responsible for damages after a trip and fall in a parking lot is the property owner. According to New Jersey Law, they have a legal obligation to visitors and patrons to maintain a safe environment—both inside of buildings and outdoors. When they fail in this responsibility, it may result in liability if someone is injured.
That said, it’s important to understand that there are specific criteria for a viable trip and fall claim:
- The property owner or a representative, such as an employee, must have caused the hazardous condition
- The owner or a representative must have known about the condition and failed to remedy it
- The owner or a representative should have known about the condition but did not
The reason conducting an investigation, gathering evidence, and interviewing witnesses are so important is because doing so helps establish key facts. This allows trip and fall victims to pursue compensation from the negligent party for their damages.
What Conditions Cause Falls in Parking Lots?
There are a variety of conditions that can result in trips and falls in parking lots, including:
- Cracks or uneven pavement
- Potholes
- Wet or slippery surfaces
- Ice or snow accumulation
- Poor lighting
When these conditions are not obvious and create hazards for patrons and visitors of the property, they can lead to serious injuries. Responsible property owners recognize this and take the appropriate steps to remedy these conditions as quickly as possible—or, at the very least, warn anyone on their property of the hazard.
Common Injuries in New Jersey Parking Lot Falls
Trips and falls result in many different kinds of injuries, some of which can be life-threatening. These include:
- Traumatic brain injuries (TBIs)
- Cuts & lacerations
- Spinal cord injuries
- Broken bones
- And more
These injuries often require considerable medical treatment, including hospitalization, surgery, rehabilitation, prescription drugs, and more. In some cases, the damages can be much more extensive.
Read More: Parking Lot Injuries: Can I Sue?
What Are Possible Damages for a Trip & Fall in a Parking Lot?
Damages typically fall into two distinct categories: economic damages and non-economic damages. Let’s take a look at each:
Economic Damages
These include medical costs and other expenses and any impact an injury has had on your ability to make an income. This can include lost wages—which covers the pay you were unable to bring in while recovering from injuries—along with more long-term expenses, such as loss of earning capacity.
Non-Economic Damages
These damages include the psychological and emotional effects trip and fall injuries can lead to, including pain and suffering, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and more.
When determining how much you should pursue in compensation, you need to make sure you are taking all damages into account. An experienced parking lot accident lawyer will be able to help calculate your losses and make sure you are pursuing the maximum compensation available to you.
Contact Maggiano, Digirolamo & Lizzi Now!
One of the best pieces of advice we can give to trip and fall accident victims is to begin the claims process as soon as possible. Even if you’re not sure if you have a winnable claim, it is better to get started right away. Beyond the statute of limitations, which in New Jersey is typically just 2 years for premises liability claims, waiting can also lead to lost evidence, losing track of witnesses, and more.
We’re here to help. We want you to focus on getting better while we shoulder your legal burden by pursuing the justice you deserve for the wrong that has been done. We are in it with you from start to finish!
If you were injured in a trip and fall in a parking lot, our dedicated premises liability attorneys are ready to evaluate your case. To get started, contact us today for your FREE consultation.