Slip and Fall in a Parking Lot: When Can You Sue for That?
Premises Liability Attorney Serving Winter Parking Lot Slip-and-Fall Injury Victims in Indianapolis, IN
Indiana is prone to snow and ice in the winter. With all the freezing temperatures, it is common to find yourself walking across an icy or slippery wet parking lot from time to time.
If you were to slip and fall in the parking lot, however, you may wonder who is at fault. After all, slip and fall injuries can be much more severe than people think. You could suffer from lacerations, broken bones, back pain, neck injuries, or a traumatic brain injury (TBI). Understanding your legal rights, as well as the issue of liability, will help you identify who may be at fault for your injuries and what you can do about it.
Slip and Fall Cases Are Premises Liability Cases
Premises liability is a vast area of personal injury law that focuses on a property’s owner duty to protect those visiting the property. This obligation applies to commercial and residential properties alike; therefore, a slip and fall in your apartment complex parking lot are the same responsibility as a retail store’s parking lot.
To prove premises liability, however, you must first establish that the manager or property owner is responsible. To do such, you must show that there was reasonable time to correct the hazard or prevent an injury.
What is a Reasonable Amount of Time?
The statutes do not specify what a “reasonable” amount of time is because they purposely want this vague. Reasonable is in the eyes of the jury or judge overseeing the case. It is based on what an average person would consider reasonable. For example, if the weather has been icy, and the manager got to the store at 7:00 am to find the parking lot covered in ice, it is the manager’s responsibility to call someone. If the manager does not notify anyone about the icy condition, then you fall at noon, the manager has a reasonable amount of time to rectify the issue, but did not.
Who to Name in the Suit
Identifying who is responsible is not as easy as who saw the ice or slippery conditions first. Sometimes, it comes down to the ultimate responsibility. For example, managers are responsible, but they are employees of the store; therefore, it is the store’s responsibility too.
Identifying the proper parties is best done through the assistance of a personal injury attorney. An attorney may find that there are multiple parties to name in the lawsuit, such as the company responsible for de-icing the parking lot, the manager, the security company, and the owner.
If you were to fall in an apartment complex, or condominium complex parking lot, that responsibility could fall on the property manager, homeowner’s association, and more.
Injured in a Parking Lot Slip and Fall? Contact a Personal Injury Advocate Today
If you or a loved one was injured in a slip and fall in a parking lot, contact an attorney immediately. The attorneys at Jacobs Law, LLC are here to help you in your time of need. We know that you have medical bills and questions piling up, and you just want to get on with your life. Schedule a consultation with our team today by calling our office or filling out our online contact form and someone will be in touch shortly.