Guide to Filing a Premises Liability Claim After a Parking Lot Fall

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Guide to Filing a Premises Liability Claim After a Parking Lot Fall

A parking lot can become dangerous with icy and snowy weather and the development of defects like cracks and potholes. Neglectful parking lot maintenance can elevate the danger, putting pedestrians at risk of severe injuries.

Parking lot owners may be responsible for your damages after you sustain injuries in a parking lot fall on their premises. An experienced slip and fall attorney at Catalano Law can guide you through your options, including filing a premises liability claim.

Steps to Take After a Parking Lot Fall

Building a strong liability case is crucial to help you receive the compensation you deserve for any damages incurred due to the slip or fall. If possible, take the following steps while you are still at the accident scene to improve your chances of filing a successful claim:

1. Assess Yourself for Injuries

Even if you feel fine after slipping and falling in a parking lot, assess your body for any signs of pain and discomfort. Look for visible injuries such as cuts, bruises, or swelling, and pay attention to internal sensations like headaches, dizziness, or nausea. These symptoms may indicate a concussion or a head injury.

Seek immediate medical attention after your slip and fall to receive appropriate care for visible and non-visible damages. This ensures you get the necessary treatment and provides evidence linking your injuries to the accident.

2. Call 911

Call emergency services immediately following an accident. The 911 operator can send emergency medical responders and police to the scene to file a report and get you prompt medical attention. A police report provides an official incident record, which your attorney can use to support your slip and fall claim.

3. Take Photos and Videos

Take several photos and videos of the parking lot where your fall occurred from different angles and distances. Having photographic evidence of the accident is crucial in establishing liability for injuries. Ask a family member or witness to help you if you cannot take photos and videos due to your injuries. Make sure to capture the following:

  • Entire parking lot, including the address, if possible
  • Parking lot defects that caused your accident, such as potholes or patches of black ice
  • Uneven or crumbling pavement
  • Lack of sufficient lighting, like broken lamps

Take pictures or videos of your injuries, such as cuts, bruises, scrapes, or fractures in the slip and fall. Also, get photos of the surrounding businesses with security cameras. These pictures can help you or an attorney determine which businesses to contact for video footage.

4. Ask for Witnesses’ Testimonies

If any pedestrians or bystanders saw you fall, ask if they would be willing to provide their testimony. Explain that their account of your accident may help build your case and that you would appreciate any assistance they can provide.

You can record their statement or have them write it down on paper and sign it. If they’re uncomfortable giving testimony at the scene of the accident, you may request their contact details so your attorney can contact them later.

5. Understand Premises Liability for Property Owners in New York State

Under New York premises liability law, property owners must maintain a hazard-free environment on their grounds, including parking lots, and protect visitors from slips and falls. To comply with the law, owners must conduct regular inspections and address hazards immediately.

Failing to take adequate measures to prevent harm or provide warnings of potential hazards can make the owner liable for any injuries due to unsafe conditions.

A premises liability claim must contain the following elements:

  • The property owner was in possession of the parking lot. You need to prove that the owner was responsible for maintaining and repairing the parking lot.
  • You were legally in the parking lot as a customer, owner’s guest, or employee.
  • The owner knew of or should have had reasonable knowledge of the hazardous conditions in the parking lot but failed to repair them or provide sufficient warning.
  • You suffered injuries due to the owner’s negligence.
  • The injuries caused you to incur medical expenses, loss of wages, and pain and suffering.

6. Consult an Experienced Slip and Fall Attorney

After a slip and fall, consult an experienced slip and fall attorney who can help you navigate New York’s premises liability laws. Our attorneys at Catalano Law can help you get the compensation you need for your slip and fall injury. We will interview witnesses, communicate with the property owner in the case, and create a legal strategy to negotiate with the owner’s insurance company for a fair settlement.

Catalano Law Can Help After a Parking Lot Fall

If you have been a victim of a parking lot slip and fall accident, call the attorneys at Catalano Law. We will evaluate your case to determine liability and help you seek compensation to help you pay for your medical bills and pain and suffering.

Our attorneys work with clients on a contingency fee basis, so you won’t have to worry about upfront legal fees. Contact us today to book a free consultation.