Can You Sue for Falling in a Parking Lot?
- Property owners and managers in California have a legal duty to maintain their parking lots in a safe condition.
- If they fail to address known hazards, they can be liable for injuries caused by these conditions.
- If a private individual owns the parking lot, they can be held liable for accidents due to failure to maintain safety.
- Hazards that can lead to accidents include potholes, poor lighting, and uneven surfaces.
If you suffer injuries from a parking lot fall, you may be able to sue the owner if they knew or should have known about the condition that caused the fall and failed to address it. Parking lots may have potholes, unmarked steps, and other hazards. If the owner was aware—or should have been aware—of the hazard but failed to address it or adequately warn visitors, the owner can be liable for a visitor’s injuries due to negligence.
- If I Fall in a Parking Lot, Who Is Responsible?
- Recoverable Damages in Parking Lot Accident Cases
- Parking Lot Hazards That Can Cause Slip-and-Fall Accidents
- Time Limit for Filing a Claim
- How To Prove Fault in a Slip-and-Fall Accident
- What if I Was Partly at Fault for My Slip and Fall?
- How Cutter Law Can Help
If I Fall in a Parking Lot, Who Is Responsible?
In California, several parties may be considered responsible, including the parking lot’s owner, operator, or possessor. The owner or operator could also be a government entity.
Determining liability requires figuring out what caused the accident. If your accident happened because the premises were unsafe, you may be able to pursue a slip and fall injury claim.
To bring a successful injury claim for falling in a parking lot, you must determine who owns the lot and who is responsible for maintaining it.
What Happens if a Private Individual Owns the Parking Lot?
Individual property owners, including owners of businesses and shopping centers, can be held liable for accidents resulting from their negligence or failure to maintain safety on their premises. You’ll need to show that the owner knew or should have known about the hazardous condition and failed to take appropriate action.
What Happens if a Public Entity Owns the Parking Lot?
If a government entity owns the location of your fall, special rules apply. The California government tort claim process requires different procedures and has a shorter statute of limitations than other personal injury cases.
The first step in filing a claim against a government entity is to file a notice of claim within six months of the accident. The notice of claim states your intention to seek damages or sue but does not mean you must sue.
If the government entity approves the claim, it will likely provide damages. The entity is required to approve or deny a claim within 45 days of receiving it.
If the government entity denies the claim, you can file a personal injury lawsuit. With this, you take the accused party to court to seek compensation.
Recoverable Damages in Parking Lot Accident Cases
After falling in a parking lot, you can sue for economic and non-economic damages.
Economic damages include the following:
- Medical expenses: the costs of medical care and treatment for your injury, such as emergency room visits, hospital stays, surgeries, doctor’s consultations, physical therapy sessions, prescription medications, medical equipment, and future medical treatments for your injury
- Lost wages: the earnings you lost because of injury-induced absences from work, such as immediate loss of income after the accident and any future earnings lost due to the injury’s long-term or permanent impact on your capacity to work
- Property damages: the costs of repairing or replacing any personal property, such as your cell phone, jewelry, or clothing, that was damaged or destroyed due to the incident
Non-economic damages include the following:
- Pain and suffering: the physical pain and discomfort caused by an injury, including immediate pain after the accident and ongoing or chronic pain due to the injury
- Psychological Impact: the emotional distress of an injury, such as anxiety, depression, fear, anger, or post-traumatic stress disorder
- Loss of enjoyment of life: an injured person’s diminished ability or inability to enjoy and participate in the life they loved before their injury
Parking Lot Hazards That Can Cause Fall Accidents
Some hazards in parking lots are obvious, but hidden hazards can also cause serious accidents and injuries. Some of the most common parking lot hazards leading to slip-and-fall accidents include the following:
- Potholes, which can lead to falls and injuries or damage to vehicles
- Ice or water accumulation, which can lead to slip-and-fall accidents or cause vehicles to hydroplane
- Poor lighting, which can obscure vision, making it difficult for pedestrians to spot potential hazards or for drivers to see other vehicles and individuals
- Oil or grease spills, which create slick and hazardous areas and often aren’t visible
- Uneven surfaces include unexpected bumps, cracks, or changes in elevation and are hazards for pedestrians and vehicles, especially two-wheelers
Time Limit for Filing a Claim
California has a two-year statute of limitations for filing most personal injury lawsuits, including slip-and-fall accidents. If symptoms of your injury did not appear immediately, you have one year to file a claim from when you discovered the harm.
The deadline for filing a personal injury claim against a government entity is six months.
Regardless of whom you are filing a claim against, act promptly. At Cutter Law, we will get to work immediately to ensure your claim is filed on time.
How To Prove Fault in a Parking Lot Fall Accident
You must prove the parking lot’s owner was at fault for your slip-and-fall accident. On your own, finding evidence of the responsible party’s negligence can be challenging. At Cutter Law, our team can help you do the following:
- Establish the owner’s duty to maintain safe conditions
- Demonstrate a breach of this duty
- Link the breach directly to your injuries
- Properly value your damages resulting from the breach
What if I Was Partly at Fault for My Slip and Fall?
California’s pure comparative negligence law provides that if you were partly at fault for your slip and fall, any compensation you may be entitled to will be reduced by the percentage of your fault.
Even if you were more at fault than the other party, you can still recover damages, but the amount you can recover will be reduced based on your degree of responsibility.
How Cutter Law Can Help
At Cutter Law, we can help you determine who’s liable, whether it’s an individual or public entity. We are dedicated to helping accident victims navigate the legal process and achieve the best possible outcome for their cases. If you or a loved one was injured from falling in a parking lot, we can help you get the compensation you deserve.
Contact our office to schedule a free case review.
Yes, you can sue a restaurant if the restaurant knew or should have known about the hazardous condition and you suffered an injury from the fall.
You can sue for compensation if you were hurt falling down stairs, especially if your injuries are severe.
Generally, if the government maintains the sidewalk on which you fell and fails to keep it in a safe condition, you may seek to hold it responsible for your injuries.