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2 major roadblocks in parking lot injury lawsuits

On Behalf of | Feb 12, 2024 | Personal Injury |

Parking lots are often located in less busy areas, leaving them out of sight and sometimes resulting in poor maintenance. You might come across uneven pavement, poor lighting, slippery surfaces or debris in car parks. If you ever slip and fall because of the parking owner’s neglect, you may take legal action and pursue compensation for your injuries.

However, being aware of the significant challenges that could stand in your way is crucial. This can help you be more prepared for the legal system.

Determining who is liable

You must know who is at fault, but this is not always straightforward. Careful assessment of your case is necessary to determine who is liable, mainly if multiple people are involved. For instance, another driver may be responsible if they hit you while parking or exiting. There might also be evidence that shows the parking lot’s poor maintenance contributed to the accident.

For slip and fall accidents in parking lots, it is often the property owner who bears responsibility.

Property owners owe a standard of care to people they invite on their premises. This means the parking lot owner should take care of the lot to prevent dangerous situations and warn visitors about any issues until they can fix them.

You can pursue compensation even if the accident was partly your fault as long as you are not more than 50 percent to blame. However, if you were not paying attention to your surroundings or intentionally ignored safety signs, you might not be able to recover any money.

Lack of witnesses or evidence

Another big obstacle with parking lot accidents is the lack of witnesses. Parking lot accidents often happen when no one else is around, making it harder to prove a case.

Personal injury cases require demonstrating negligence. You must show that the party responsible was aware of the dangers but did not address them, resulting in your injuries.

Slip and fall accidents in a parking lot can have devastating consequences. You may need extensive medical treatment, physical therapy or even surgery. Understanding how the legal system works, what your rights are, and the challenges you might face is crucial to recovering compensation. If you encounter obstacles along the way, a personal injury attorney can help.

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