Do I Have a Case if I Fell in a Parking Lot?
You didn’t see the pothole in the parking lot, and you tripped and twisted your ankle. There was an oil spill that caused you to slip and hit your head. The lack of lighting caused you to walk into a parked vehicle.
These are examples of parking lot accidents that can cause a lot of damage. Broken bones, head trauma, and back and neck injuries can cause significant pain as well as medical expenses and time away from work for recovery.
If you are a victim, you may wonder what legal rights you have. Can you sue the parking lot owner and recover compensation for injuries?
In New Jersey, you may have a case if you fell in a parking lot due to someone else's negligence. The state’s premises liability law requires property owners to maintain their property, including parking lots, in a reasonably safe condition. If a property owner fails to address hazardous conditions that they knew about or should have known about, and someone is injured as a result, the property owner may be held liable.
What the Law Says
Liability for injuries on public property is determined by the New Jersey Tort Claims Act. Under this act, a plaintiff must establish that a dangerous condition existed and that it was reasonably foreseeable that the condition would create a risk of injury. Also, the owner of the public property must have created the condition or known it existed and was unreasonable in failing to address it. Also, a Notice of Claim form must be filed and properly served on the appropriate public entity within 90 days of the injury, or any claim will be barred.
To win a case, the victim must prove negligence. Negligence in a slip and fall case requires all four of these elements to be met:
- Duty of care. Property owners must keep their premises reasonably safe for visitors by addressing foreseeable hazards, such as cleaning spills or repairing unsafe conditions.
- Breach of duty. You must show the owner knew or should have known about a danger and failed to fix it or provide a warning.
- Causation. You must prove that the hazard directly caused your fall and the resulting injuries.
- Damages. You must show measurable harm, such as medical bills, lost income, and pain and suffering.
Proving Your Case
Do you have a solid case? Ask yourself these questions:
- What caused your fall? Was it a pothole, uneven pavement, ice, or another hazard?
- How long had the condition existed? If it were a known issue or had been there long enough for the property owner to notice, it could strengthen your case.
- Were you acting with reasonable care at the time? You also have a responsibility to be cautious.
- What injuries did you suffer? The extent of your injuries will affect the damages you may recover.
Contact Us Today
Parking lot accidents can happen even if you are not in a vehicle at the time. Pedestrians can suffer severe injuries when walking in or out of a parking lot that is not well-maintained.
The New Jersey premises liability lawyers at Leonard Legal Group have the knowledge and skill you need if you have been injured on someone else’s property. To schedule a consultation, contact us via (973) 984-1414 or online here.