There are many potential hazards in California parking lots that might cause a pedestrian to slip-and-fall or trip-and-fall. Individuals or entities that own or occupy real estate are not responsible when a pedestrian trips and falls over his or her own shadow. Others, like potholes or accumulations of snow or ice might be attributable to owners and occupiers though. If you recently fell in a parking lot anywhere in California as a result of a dangerous condition at the lot, you can contact us at Maison Law for a free consultation and case review. We’ll be happy to discuss the facts surrounding your fall with you and advise you of the full range of your legal options.
The Duty of Care
In California, the owners and occupiers of real estate owe a duty of care to others who lawfully come onto that property. That duty includes an obligation to maintain the property, including parking lots, in a reasonably safe condition that is free from dangerous conditions. If such a condition arises, and the owner or occupier of the property knew or should have known of it, repairs must be made in a reasonable amount of time after discovering it. Before conducting repairs, there must be visible warnings to the public.
Some Examples of Dangerous Conditions
Owners and occupiers of parking lots must periodically inspect that land for any potential defects. For instance, a large parking lot consisting of a few acres might even have several dangerous conditions existing on it. Here are some examples of a few conditions that one might discover on a large parking lot that could cause a slip-and-fall or trip-and-fall.
- Potholes in areas where they expect pedestrian traffic
- Areas of cracked or broken pavement
- Oil slicks from motor vehicles that are leaking fluids
- Accumulations of snow and ice that have not been plowed, shoveled or salted
- Pooled water or water runoff that is the result of poor drainage
- Trash and debris in a parking lot
If You Were Injured in a Parking Lot a Government Entity Owns
A different set of rules applies if you sustain an injury in a parking lot that a municipality owns. That’s when California law requires the injured person to provide the municipality or entity a specific notice within six months of the date of the slip-and-fall or trip-and-fall. Failure to timely provide such a notice is cause to prohibit a person from seeking compensation for their damages. This requirement is strictly construed. You’ll want to speak with us here at Maison Law right away if you sustained an injury in a public parking lot anywhere in California.
Defenses to California Parking Lot Slip-and-fall and Trip-and-Fall Claims
Any claim for injuries and damages in a parking lot slip-and-fall or trip-and-fall can face any number of defenses intended to devalue or cause denial of a claim in its entirety. Here are some of the more common defenses that may come up:
- That the hazard in question had clear markings
- The victim wasn’t using due care and caution for his or her own personal safety or was dealing with other distractions
- His or her footwear wasn’t appropriate for the parking lot conditions
- That the condition in question was open and obvious
California parking lot slip-and-falls and trip-and-falls certainly present their own special issues. You’ll want the advice and direction of an experienced and successful California law firm. As such, you can make important decisions that will operate in your best interests. So contact our slip-and-fall and trip-and-fall lawyers on any parking lot fall anywhere in California to discuss your claim. If you choose us, our goal is to obtain the highest settlement or award that you deserve.
Speak to A California Attorney About Your Parking Lot Slip-And-Fall Injury
Many times, people who suffer a parking lot slip-and-fall injury don’t pursue legal action. In most cases, it’s because they don’t know who to contact. Instead, they bare all of the costs themselves. Thankfully, you have us on your side. As one of California’s most prominent personal injury law firms, Maison Law can fight for the damages you deserve.
Fill out our form to leave your contact information today. Afterward, a member of our legal team will reach out to you to listen to the details of your case. We offer free consultations, and you’re under no obligation to retain us as your legal representatives.
