When you slip and fall in a parking lot, figuring out who is responsible can be a complicated process. It often involves understanding property ownership, maintenance responsibilities, and the duty of care that property owners owe their visitors.
In this article, we’ll explore these issues and explain how they may affect how fault is assigned after your accident. If you’ve had a slip and fall injury on someone else’s property, call Gash & Associates, P.C. today. We can offer personalized guidance based on your unique case.
Property Ownership and Responsibility
In a place like White Plains, NY, the owner of the parking lot is usually responsible for its upkeep. This means they are required to ensure that the parking lot is a safe place for visitors. The owner could be a small business, a private citizen, a shopping mall, or even the city government. The key point is that whoever owns the property is responsible for maintaining it.
Maintenance Responsibilities
Maintenance is a very important element for any property, especially for those expecting regular visitors. Proper maintenance includes regular inspections that identify common hazards like potholes, uneven surfaces, or icy patches. If the owner knows about these issues and does nothing to fix them, they could be held liable for any accidents that occur on the property. Maintenance isn’t just about fixing broken lightbulbs; it’s also about preventing issues that could cause accidents.
Duty of Care to Visitors
Property owners have what’s called a ‘duty of care’ to anyone who uses their parking lot. This means they must take reasonable steps to ensure the lot is safe for visitors. If a property owner neglects this duty, and someone slips and falls, the owner could be considered negligent. This negligence is often the basis for determining liability in slip and fall cases.
Common Causes of Slips and Falls
Several factors can lead to slips and falls in parking lots. Weather-related conditions like snow, ice, or rain can make surfaces slippery. Poor maintenance, such as not repairing potholes or failing to remove snow and ice, can also cause accidents. Even something as simple as inadequate lighting can contribute to a fall.
Impact on Liability
How these factors play out in a slip-and-fall case can significantly impact who is held responsible. For instance, if a parking lot owner fails to clear ice and you fall as a result, they might be financially liable for your injuries. However, if you slip on ice during an ongoing snowstorm, it might be considered an unavoidable accident. If this is the case, the property owner may not be held responsible at all.
Legal Duty of Property Owners
Property owners in White Plains, NY, have a legal duty to keep their parking lots safe. This includes regular maintenance and promptly addressing known hazards. If you’ve slipped and fallen in a parking lot, these factors will play a crucial role in determining who is responsible for your accident.
Remember, each situation is unique, so call Gash & Associates, P.C. today at (914) 328-8800. Let us help you investigate who was responsible for your accident so you can receive the compensation you deserve.
