What Happens If I Slip And Fall In A Parking Lot?
A slip and fall can happen anywhere at any time and can leave you with severe injuries. For example, if you tried to stop your fall with your arms, you might have a broken arm. If you fell on your side, your hip and your shoulder could get injured. These types of injuries could potentially mean having significant bills and loss of income. However, you might be eligible to receive compensation for these injuries if someone else is responsible for the accident. If you have been a victim of a slip and fall in a parking lot, a Las Vegas slip and fall attorney can help you figure out who is responsible.
What Causes Slip and Fall Accidents in Parking Lots?
Businesses and property owners have a duty to keep their properties, including parking lots, safe and to warn people of any dangers. Doing this duty includes performing regular inspections to see if there are any potentially dangerous conditions, cleaning hazards regularly, and following up with maintenance and repairs if needed. When owners fail to keep up with this, guests can injure themselves by suffering a fall in a parking lot. The reasons why these accidents can happen include:
Icy Conditions in Parking Lots
During wintertime, parking lots can freeze and be dangerously slippery. Any puddle found in a parking lot can freeze into ice, and if the owner fails to remove water accumulations, it can result in severe injuries. Falling in icy parking lots are one of the most common cases that injury attorney’s can come across.
Snow And Sleet
While snow and sleet are not very common in Las Vegas, these conditions do occur in northern Nevada, which can make parking lots even more dangerous if it’s not promptly removed.
Spills in Parking Structure
Many people eat and drink on the go. When spills occur and it doesn’t get cleaned up, they become a hazard for other people. Additionally, there can be leaks of oil or other substances in parking lots that can create a dangerous situation. Due to the poor lighting which we will get into below, it can be quite difficult to notice these hazards in real time.
When debris, such as trash is not cleaned up, it can create unexpected obstacles when people are walking by them, and it can result in a slip and fall accident.
Parking lots are made of asphalt and concrete. These materials can deteriorate with time and weather, resulting in surfaces in parking lots cracking and becoming uneven. Even potholes can develop, which can be more dangerous. Potholes can be serious fall hazards when parking lot owners don’t maintain their surfaces regularly.
Poor Lighting in Car Parks
If there is poor lighting, the guests can’t see any hazards, including debris, cracked pavement, or slick surfaces. This is exacerbated during the night.
Parking Blocks or Wheel Stops
Parking blocks or wheel stops are little abutments that can be found in some parking lots. If they are misaligned or cracked, or the lighting is particularly poor, they can be the source of a serious accident.
Who Is Liable For Your Parking Lot Slip and Fall Accident?
Determining who is liable for a parking lot slip and fall accident is complicated, more than people think. In some cases, there could be more than one person responsible for compensating you. It is really important to identify all of the possible parties that acted negligently because it can increase your chances of receiving full compensation. The possible parties responsible for your injuries can include:
Owner of the Parking Structure
The business or property owner has a duty to maintain their property, including parking lots. When they fail to do so, they could be responsible for compensating you.
Operators of a Business
Some businesses rent rather than own a property to set up their store or restaurant. They could be held liable if their lease requires maintenance and repairing of the parking lot and they don’t uphold it. Even if the party responsible for taking care of the parking lot is the property owner, the renters could face partial responsibility if they knew about a dangerous condition and didn’t notify the owner to get it fixed.
Apartment Complex Owners
If your slip and fall accident took place in an apartment complex’s parking lot, the landlord is responsible for the maintenance of all common areas including the parking facilities. If they fail to do so, they could be liable for giving you compensation.
If a governmental entity is responsible for maintaining a parking lot, you may be able to get compensation from them. However, sometimes government entities have immunity and can’t be sued. In order to pursue your claim, consult with a personal injury attorney. These cases can get very complicated and you will need to have an exceptional accident lawyer on your side right away.
Can I Be Liable For My Parking Lot Slip And Fall?
The state of Nevada follows the pure comparative negligence rule, which states that you can still get compensation if you were partially liable for the accident. However, the amount of compensation you get will be proportionally lowered with your fault percentage. For example, if your settlement is $100,000, but the court determined you were 25% negligent and liable, you can still be able to collect the remaining $75,000 of the judgment.
Nevada’s law is generous compared to other states that follow the modified comparative negligence law. This law does not award any compensation if the plaintiff is 51% or greater at fault.
Parking Lot Slip And Fall Attorney in Las Vegas
If you have suffered from a slip and fall in a parking lot in Las Vegas contact our experienced personal injury attorneys at Cogburn Law. We offer free initial consultations and contingency-based representation. Call us today at (702) 748-7777, we’ll get the justice and compensation you deserve.
I was on vacation with my family in Las Vegas on March 2019. On our 2nd day, I was walking through the lobby when I slipped and fell. My left arm broke my fall but my wrist swelled up almost immediately. I went to the Valley hospital emergency room and was seen to. I could move my fingers so I didn’t want the trouble of an X-ray or the cost of it. It was severely sprained. For the next 3 days, I could not carry or lift anything. The hotel staff was very accommodating but when they started to ask me to sign papers regarding the injury I got worried. I spoke to Alex at Cogburn Law who urged me to sit still and wait. They arrived within 20 minutes and looked over the documents and advised not to sign. From there they looked after everything. After returning home I was kept in the loop of everything. Within a few months, I received a check that covered my medical bills and more and I’m so happy I made that call! They really care for you! Thank you, Alex & Jamie!