Parking Lot Injuries: Who’s Liable And What Can You Do?
The rule of thumb for parking lot injuries is that the owner of the establishment is liable for injuries to people that slip, fall or get into an accident in the premises of the parking lot. This is due to negligence of the owner to comply with certain protocol for parking lot safety. If the owner fails to abide by these policies, or if he does not anticipate all reasonable odds of probable accidents, then he may be liable for injuries.
A common example is acknowledging a large crack in the parking lot pavement but doing nothing to fix it. If the crack eventually causes someone to slip or fall, then the owner of the establishment is highly liable for the accident.
The Responsibility of Parking Lot Owners
All property and parking lot owners carry the responsibility of making their parking lots reasonably safe. Reasonably safe simply means that the owner has tried to exhaust all odds of probable accidents in the premises, and that remedies have been set to counter possible harm from all that they know to be dangerous. It is impossible to prevent all accidents completely because regular wear and tear will create new cracks, potholes, and other harmful conditions to the parking lot without the owner knowing. This is also why constant inspections to catch all shifts and changes in the area are part of the parking lot safety protocol.
How Claims are Proved
It is the responsibility of the injured to gather evidence of the parking lot owner’s negligence. To check if a claim can be filed, here are some of the most common errors that cause accidents inside a parking lot:
- Cracked pavements
- Slippery surfaces
- Poor lighting
- Confusing signs
- Lack of security
- Lack of speed bumps
- Driver negligence
- Improper pavement striping
What Are Some Limits To The Owner’s Liability?
Because it is unnaturally difficult to prevent all types of accidents, and because of the high volume of traffic that takes place on a daily basis, there are three important limitations to liability.
The first one is foreseeability. This is defined as the lack of action to a harmful situation when the owner has had ample time to foresee and fix the situation. If the accident was caused by something that could not have possibly been anticipated, then the owner may be free of liability.
The second limit to liability is reasonability. The owner is not responsible for repairing each and every single crack on the pavement of the parking lot. Hence, the owner can only be liable if the risk is unreasonable, i.e. the owner should have been able to foresee the cause of harm.
The third limit is crime. A parking lot owner has no duty over crimes such as assault and robbery. However, the owner should take the significant steps to reporting the crime and asking for help.
So if you are a parking lot owner determined to make your parking space as free of accidents as possible, trust only our professional team at IC Striping. We are dedicated to unparalleled service, cost-effective programs, and quality workmanship all around. Call us at 1-877-361-4400 or fill up a request form over at https://icstriping.com to ask for a quotation.