Unlike a store or office building, a parking lot seldom has a name. In fact, it does not have an address, because no one sends mail to a parking lot. So, if you slip and fall in such a location, who can be held liable for your injuries?
In order to answer that question, the victim of the falling incident must consider the answer to this question: Was the fall the result of unsafe conditions? If so, then, what defect in a property would qualify as an unsafe condition in the eyes of the law?
Dangerous conditions frequently mentioned by plaintiffs in court
• Ice and snow left on lot’s surface, and not removed promptly
• Inadequate lighting
• Sudden changes in the surface, such as broken concrete
• Potholes or damaged curbs
If a fall victim feels that an unsafe condition caused his or her tragic falling incident, then that same victim could consider filing a lawsuit against a person or business. The victim could sue the owner or occupier of the property. That would be the person that puts restrictions on vehicles trying to park in lot. Alternately, the victim could sue the company responsible for maintaining the site where the incident took place.
What charge could be brought against the company in charge of maintaining a given property?
That particular company could be charged with failing to use reasonable care, while carrying out its responsibilities. How does the court define reasonable care? The answer to that question emerges from a look at the things that a judge might ask a defendant, if the plaintiff got injured during the course of a falling incident.
Questions that judge might ask in above-mentioned situation
• Could the danger have been foreseen?
• Was there an established system for maintaining the property?
• Was there an established system for inspecting the property?
• Did the occupier follow the accepted practices for maintaining a property? Did the occupier acquaint the maintenance company with those same practices?
• Did the occupier know about the hazard? Was there a system in place by which the occupier could notify the maintenance company?
Timeline puts restrictions on the victim’s actions
If the case is discussed with a personal injury lawyer in Leamington and Huntsville, they advise that the lawsuit must be filed within 2 years of the date of the falling incident. If incident took place on a City lot, the victim must send a letter to the municipal clerk within 10 days. Must mention his or her intentions in that same letter. It is best to let the lawyer draft and send in the letter to ensure all legalities are covered.