Personal Injury Attorney Serving Victims Tripping in Parking Lot Potholes in Kentucky
Most slip, trip, or fall injuries in a parking lot involve slick or wet surfaces.
However, there are incidents involving potholes and large gaps in the pavement that can cause serious accidents and injuries. Regardless of what caused you to fall in the parking lot, you might have a claim against the property owner.
Parking Lot Injuries are a Growing Problem
In the United States, there is an abundance of parking lots and garages. They come from demands to accommodate more vehicles and consumers, but with that abundance comes a higher demand for maintaining the surfaces — something most property owners neglect.
Property owners do not escape liability just because they outsource the maintenance and monitoring to a third party. Also, even if they are meeting the demand and dealing with thousands of consumers each day, they have a duty to ensure their parking lot is always safe.
Common Causes of Pothole and Trip and Fall Injuries
Pothole trips and falls and other slips and falls typically occur due to:
- Preventable pavement dangers. Slip, trip, and fall accidents are common in parking lots and parking garage structures. They result from uneven, cracked pavement, potholes, debris, oil, and weather conditions.
- Poor lighting. Sometimes a pothole is visible, but when the parking lot has inadequate lighting, it is more likely the victim will not see that pothole and can suffer serious injuries. Shopping malls and businesses open at night or early morning have an obligation to provide adequate lighting to visitors.
Proving Your Pothole Injury Claim
If you are hurt in a parking garage or parking lot due to a pothole, your injury does not automatically mean the owner is liable. Instead, you must prove that the owner owed a duty and was responsible for your injury.
If a pothole is apparently seen or the owner has placed caution signs around it, you cannot claim your injury resulted from their negligence. Furthermore, if the hazard was recently created and the courts do not feel the owner had adequate time to correct or warn the public of the risk, you might not have a case.
Instead, the following must apply:
- The owner or manager had adequate time to respond or should have reasonably known about the condition. You must establish that negligence exists. To do that, you must determine that the owner or manager knew there was a risk and did not take reasonable action to avoid that risk.
- You must pass the prudent person test. Furthermore, you must show that your actions did not contribute to the accident. A wise person might have detoured away from the hazard; if such hazards were noticeable. If the pothole was big enough, the courts might assume you have the opportunity to see and avoid it; therefore, you should not have an injury.
It is Best to Consult an Attorney
After a slip, trip or fall on property, you should consult a personal injury attorney about your possible premises liability case. An attorney, like Seth Gladstein, can assist you.
Gladstein Law Firm, PLLC will review surveillance footage, maintenance logs, and look for evidence that the owner knew or should have known about the potential hazard.
For aggressive representation, contact Gladstein Law Firm, PLLC today at 800-991-0474 or reach out to us online.