Even in the best circumstances, parking lots in Los Angeles can be dangerous. Cars pulling into and out of parking spaces, uneven pavement, unmarked raised barriers, poor lighting, and broken or defective stairways increase the likelihood of pedestrian slip and fall accidents.
Who is responsible for damages in a slip and fall in a parking lot? The Southern California personal injury lawyers at Salamati Law have almost 30 years of experience assessing responsibility for these mostly preventable accidents. We pursue every party whose negligence contributed to a client’s injuries and losses. We invite you to schedule a free consultation so we can evaluate your case and answer your questions about your slip and fall accident.
Is the Property Owner Always Liable for a Parking Lot Slip and Fall Accident?
Under the basic principles of California premises liability law, parking lot owners are responsible for either keeping their lots free from hazards or warning individuals who have a right to be there. Owners or managers should know about these hazards or be aware of them with regular inspections of the lot. If the hazard cannot be repaired within a reasonable amount of time, the owner should post warnings. Those who fail to live up to this responsibility will be liable for injuries that are the direct and proximate result of that failure.
Who Else Might be Liable for a Parking Lot Slip and Fall?
Parking lot owners often lease their properties to management companies, which sublease all or portions of the lot to operating companies, individual retail establishments, and other businesses. Each party with a right to manage or control some portion of a parking lot might bear some responsibility for inspecting the lot and keeping it free from hazards or posting warnings. When you sustain a serious injury in a Southern California parking lot slip and fall accident, we identify every party who might bear liability for your injuries.
What if the Parking Lot is Owned by the City, State, or Federal Government?
Like private property owners, city, state, and government entities are liable for slip and fall injuries if the injured accident victim can demonstrate that:
- The slip and fall was a direct and proximate result of a hazard or unsafe condition at the government-owned lot.
- The government entity that owns or manages the lot knew or reasonably should have known about the hazard.
- That entity failed to repair or to warn about the unsafe condition.
However, slip and fall accident lawsuits against government entities are subject to shorter filing deadlines and stricter procedures than personal injury lawsuits against private parties. Those deadlines and procedures are defined in different state and federal laws that cover government-owned property, including the California Tort Claims Act and the Federal Tort Claims Act.
If you believe that your Southern California slip and fall accident occurred in a government-owned parking lot, do not hesitate to contact a Los Angeles slip and fall accident attorney as soon as possible after your accident. Your delay in filing claims for damages against a government entity may prevent you from recovering the compensation you deserve.
How Can You Prove Negligence in a Parking Lot Slip and Fall Case?
In every California slip and fall negligence lawsuit, the injured party must use the available evidence to prove that the property owner or manager owed the accident victim a duty of care and that this duty of care was breached, which caused the accident. As a result, the victim suffered economic and non-economic losses.
Evidence can include the following:
- Photographs of the accident site, and particularly of the unsafe condition at that site.
- Statements from eyewitnesses.
- Records of property ownership or control (e.g., deeds, lease agreements, management contracts, etc.).
- Property maintenance and inspection policies and records.
- Accident reports filed with property owners and managers.
- Medical records and invoices from doctors and hospitals.
- Wage statements from the injured victim showing loss of income due to injuries.
You can establish the time and location of your accident when you file an accident report with the parking lot owner and manager immediately after it happens. In addition, you should get a medical exam no later than 24 hours after your accident.
Schedule a Free Consultation with Salamati Law
For almost 30 years, our team of Los Angeles slip and fall lawyers at Salamati Law have helped injured Southern California accident victims recover the largest possible damages awards from parking lot owners, managers, and other parties that have a duty to keep their lots free from dangerous conditions. Please see our website or call us for a complimentary consultation with the California slip and fall law firm that Los Angeles trusts.
