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In most cases, a slip and fall isn’t always an accident. If you slip and fall at a New York parking lot, you may have valid grounds to file a lawsuit. This is because property owners in the state have a duty of care for all their premise visitors. They are required by law to keep the premises and parking lots safe, well maintained, and hazard-free.
When they fail to fulfil this duty, and you become a victim of a parking lot slip and fall injury, then you have the legal right to sir them for their negligence. When it comes to that, then your chances of a successful lawsuit depend on the experience and brilliance of your New York slip and fall attorney.
Types of Parking Lot Hazards That May Cause Slip and Fall Injury
As part of their maintenance obligations, property owners and managers must observe weather patterns to ensure their effect on the parking lots is under control. Hazardous elements include:
- Potholes
- Unsalted icy stairs and walkways
- Uneven pavements
- Snowdrifts
- Running water from poor drainage
- Spilled oil
- Defective handrails
- Poor lighting
Who Is At Fault for My Parking Lot Slip and Fall Injuries?
New York state laws allow slip and fall accident victims to file a lawsuit against the at-fault property owner or manager in a civil court. These negligent parties may include:
- A private property owner. The liable person is the one whose names appear on the title deed.
- Subcontractor. A property owner may lease or hire out a property to a subcontractor to maintain and manage it. In such cases, they are the ones liable for your Injuries.
- Reckless driver. A motorist who recklessly pulled out of the parking lot, causing you to fall and sustain injuries, may be held accountable.
Depending on who the negligent parties are, the cost of your injury settlement may be covered by the property owner’s insurance company.
Under Which Circumstances Can a Property Owner Be Held Liable For Negligence?
In New York, premise liability laws stipulate that a property owner is held accountable for a parking lot slip and fall accident under certain circumstances.
For instance, at the onset of the winter season, they should shovel away the falling snow and salt the pavements to prevent slipping. When they negligently fail to carry out this duty despite being aware of prevailing weather conditions, they should be held accountable. They are exempt from blame throughout the snowing process as the harsh weather conditions remain in effect. However, they must do the necessary cleaning and maintenance once the snowing stops and returns to normal.
Comparative Negligence
Sometimes a court may rule that you were partly responsible for your parking lot slip and fall accident. This is called comparative negligence. If the accident was partly your fault, you could still file a lawsuit against the liable parties. However, the amount you will collect in compensation may be lower than if you didn’t contribute to the accident. For instance, if your case included comparative negligence, you could collect 70 or 80 percent of the total settlement depending on the extent of your fault. If your settlement amount was estimated at $100,000, you could receive $70,000 from the defendant’s insurance provider.
Contact a Parking Lot Slip and Fall Attorney Today
The time it will take to settle depends on the person you are saying. Whether it is a government entity or a private property owner, the rules of the status of limitations still apply. You have up to six months to sue a government entity and three years to sue a private individual. No matter who the defendants are or the severity of your injuries, you need a solid legal representation. Contact an experienced slip and fall injury lawyer today for a free case evaluation and begin the journey of a fair legal compensation settlement.
