A parking lot slip and fall accident can cause debilitating injuries that require months, or even years, of medical treatments and rehabilitation, leaving you with medical expenses, lost income, and a reduced quality of life. If the accident was caused by the negligence of a property owner, a maintenance contractor, or another party, you may be entitled to compensation for your losses.
At Salamati Law, we have been fighting for the rights of accident victims in Los Angeles and throughout Southern California for over 28 years. We have recovered multi-million dollar settlements on behalf of our clients. A slip and fall attorney will review the facts and circumstances of your parking lot accident and fight to recover the largest damages award available to make you whole again. Schedule a free consultation with an experienced parking lot slip and fall attorney in Los Angeles.
Can You Sue If You Fall in a Parking Lot?
When handling a legal claim involving a slip and fall in a parking lot, we will carefully review all available facts and evidence to determine how the accident happened and whether negligence on the part of a property owner or other party was to blame.
Examples of negligence include the following:
- Broken or uneven pavement, potholes, and cracked sidewalks.
- Inoperable or inadequate lighting that obscures parking lot tripping hazards.
- Narrow or poorly marked pedestrian lanes that force people onto unsafe walkways to avoid cars in the lot.
- Inadequate drainage that leaves water puddles, black ice, and slick spots.
- Trash and other debris that the parking lot’s operators fail to clean or remove regularly.
- Ramps and other elevations that are too steep or uneven.
- Damaged or poorly maintained stairwells.
A property owner’s duty in California is to maintain premises that are safe and free from hazards. If a dangerous condition arises, they are expected to take reasonable steps to warn others of the danger and remedy the matter as quickly as possible. Many parking lots are shifting to automated operations. Yet, the lot’s owners and operators remain responsible for regular maintenance and safety inspections to verify that their facilities are reasonably safe for those using them.
Who is Liable if You Slip and Fall in a Parking Lot?
Determining who might be responsible for a parking lot slip and fall accident is often challenging, so having an experienced legal ally on your side is essential. A knowledgeable Los Angeles slip and fall attorney from Salamati Law will work to identify all potentially liable parties, which may include the following:
- The parking lot owner, tenant, or manager: Determining who controls the property and its maintenance can be complex. The land where the parking lot is located may be owned by one party but leased to another that owns and manages the parking lot.
- Third-party contractor or maintenance personnel: The lot owner and manager might contract with one or more third parties for services in the upkeep of the lot’s operations. If this contractor allowed a dangerous condition to arise and failed to fix it in a timely manner, they may be held liable for your injuries.
- A local municipality: Your personal injury claim may involve suing a local municipality that owns the parking lot. You may have as little as six months to begin the formal complaint process in these cases.
- Parking lot engineer, architect, or builder: In rare instances, it may be possible to sue a parking ramp engineer, architect, or builder for unsafe design and construction.
- Motorists or pedestrians: You can sue a motorist or another pedestrian who created a hazard that caused you to fall.
Any of these parties may be liable in a personal injury lawsuit. Naming more than one entity in the suit can maximize your compensation if there are valid legal grounds.
Common Causes of Parking Lot Slip & Falls
Parking lots are a common location for slip, trip, and fall accidents. In many cases, negligence on the part of the property owner may be to blame. Our firm can serve as your legal counsel and pursue compensation on your behalf in any type of parking lot slip and fall accident, including those caused by:
- Dim lighting. Many fall accidents in parking lots occur at night. Even when the parking lot is in otherwise fair condition, falls are a common occurrence when a parking lot has inadequate lighting. This can occur when a parking lot does not have lighting at all, or when poor maintenance results in numerous unlit lights.
- Standing water. Poor design and maintenance of a parking lot could inhibit the ability of water to drain properly. Standing water is a common fall hazard, especially if algae forms and makes it more slippery.
- Uneven pavement. Uneven pavement is another frequent cause of trips and falls in a parking lot. Pavement can be uneven due to poor construction, or it can become hazardous over time as pieces break, crack, or sink into the ground.
- Trash or debris. Some of the factors that routinely lead to slip and fall accidents inside buildings can also be present in a parking lot. Accumulated trash or debris is a common fall hazard in any location. These hazards frequently occur near overflowing trash cans.
- Steep ramps. A steep ramp or staircase could also result in a dangerous fall accident. These ramps can be difficult to navigate under the best conditions. However, they are especially likely to result in a fall in extreme weather.
The critical factor in each of these cases is that the accident could have been avoided. When a property owner fails to take reasonable steps to make a parking lot safe for pedestrians, they could be liable for damages when a fall injury happens.
Common Parking Lot Accident Injuries
Common parking lot accident injuries that may form the basis of a lawsuit include:
- Broken bones
- Concussion and head trauma
- Dislocated joints
- Muscle tears
- Neck and back injuries
- Lacerations that cause scarring
The liable party could be responsible for your injury’s costs today – and also in the future.
Investigating Parking Lot Slip and Falls
If you were injured in a parking lot or parking ramp in Los Angeles, the at-fault party and their insurance company might minimize or deny the compensation to which you are entitled. At Salamati Law, we are prepared to leverage our investigative resources to find the facts and determine who is liable for all your damages.
From accessing surveillance footage to interviewing witnesses and consulting with experts, our team of investigators looks into every aspect of your accident to find evidence that the negligent party knew – or should have known – of the hazard that caused your slip and fall accident.
The Elements of a Fall in a Parking Lot Lawsuit
Like other California personal injury cases, proving negligence in a slip and fall lawsuit requires an injured party to show four elements:
- The parking lot’s owners or operators owed you a duty to provide a reasonably safe parking facility;
- Those owners or operators failed to meet that obligation;
- That failure was the proximate cause of your injuries; and
- You suffered some financial or other loss or harm as a result of that failure.
Beyond these basic elements, an injured party should be aware of other procedural and evidentiary elements that will be critical in a parking lot fall lawsuit in California.
First, California’s statute of limitations for slip and fall claims sets a deadline for when you can file a lawsuit. Specifically, you need to start your lawsuit no later than two years after you have suffered an injury in a parking lot fall. In a few rare instances, you may be able to extend this deadline, but your opportunity to recover damages for your injury will be stronger if you start your case sooner rather than later.
Second, you and your personal injury lawyer will need to document all of the evidence of your slip and fall accident, including evidence of the losses and harm you suffered. This includes photographs of any unsafe conditions that caused you to fall (e.g., uneven or cracked pavement, broken lighting, etc.), copies of medical diagnoses and bills for treatment and rehabilitation, and verification of all income that you might have lost due to your inability to work. We can also bring on forensic economists to determine what future expenses might still arise, so you are compensated for years to come.
Third, you and your attorney will also need to establish communications with the attorneys for the negligent parties and their insurance companies. Insurers like to settle slip and fall cases quickly with low settlement offers in exchange for an injured party’s agreement not to continue with a lawsuit. Experienced slip and fall attorney Sean Salamati will shield you from this kind of predatory settlement strategy.
Parking Lot Slip and Fall Settlements
Under California personal injury laws, accident victims may seek compensation that could include the following:
- Medical bills, including past and future expenses
- Wage loss and diminished earning capacity
- Property damage
- Pain and suffering
- Emotional trauma
- Diminished quality of life
The amount of a settlement is determined by the severity of the injury, its impact on your life, the timeline for recovery, and the degree of negligence exhibited by the at-fault party. The average slip and fall settlement varies and depends on carefully examining all these factors.
When you work with our firm, trust that a skilled parking lot slip and fall attorney in Los Angeles will work hard to maximize the value of your legal claim.
What To Do After Suffering a Slip and Fall Injury in a Parking Lot
The immediate aftermath of a parking lot slip, trip, or fall is often overwhelming. You may not be sure whether you are seriously injured. A bump on the head could be a concussion. A backache could mean a slipped spinal disc. A twisted knee or misaligned hip may require joint replacement surgery.
Here are a few tips to protect your safety and your legal standing in a potential personal injury lawsuit:
- Report the accident: Contact the property owner or manager to let them know about your accident. If there were no eyewitnesses or surveillance footage, this establishes the accident’s time, date, and location and initiates a paper trail that may prove invaluable in a potential lawsuit.
- Reach out to witnesses: If anyone saw what happened, ask for their name and contact information in case you need their account to substantiate the basic facts in your statement.
- Record what you know: Write down as much information as you can remember – the date, time, what happened before you fell, how you fell, and what medical symptoms you are experiencing. Details can become lost over time, so you want an accurate account of your accident.
- Take photographs: Take pictures or videos of the exact spot where you fell and the surrounding area, especially if the hazardous condition is obvious. Take photos of any cuts or bruises sustained.
- Seek immediate medical attention: Contact your physician or emergency room doctor to document your injuries and symptoms. This documentation is critical in establishing both the severity of your injuries and their cause. Keep track of the dates for any medical appointments and follow-ups.
- Keep a journal: Keep a pain and limitations diary, indicating how you feel each day and how the injury affects your quality of life. This type of evidence can be very compelling in court.
Finally, call our law office. All consultations with an experienced personal injury lawyer are complimentary. You are not responsible for the upfront costs of litigation. The sooner we can begin collecting evidence and working on your claim, the better. California’s statute of limitations is one legal technicality that can interfere with your ability to pursue your claim, so you want to take the initiative as soon as possible. If you are too hurt to stop by our office, we can connect by phone or come in to see you.
Turn to A Trusted Leader in California Slip and Fall Litigation
At Salamati Law, we are passionate about helping accident victims recover fair and just compensation for their medical bills, wage loss, and pain and suffering. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, there are no upfront legal fees. We look forward to hearing from you.
More information on parking lot dangers:
- National Safety Council, Parking Lots are Riskier Than You Think, https://www.nsc.org/road-safety/safety-topics/distracted-driving/parking-lot-safety
- Consumer Reports, 3 Parking Lot Dangers to Avoid, https://www.consumerreports.org/cro/news/2015/11/3-dangers-to-avoid-in-packed-parking-lots/index.htm
