Who is Liable After a Parking Lot Injury?
When you are injured in a parking lot, the property owner may be held liable for your injuries. If you can prove negligence and causation in regards to the injury, the property owner may be responsible for the damages caused—whether they are physical, mental, or emotional. Premise Liability Premise liability laws include property secure measures, meaning that if there is a clear need for extra security and that need is not met, the owner could be held liable. For example, there may be a need for a security guard, a security camera, some extra lighting, and so on. A property should be a safe place, especially if it is public property. If these property security measures are not met and a personal injury occurs as a result, the property owner could be held liable. Failing to make a parking lot safe leaves the owner vulnerable to a premise liability lawsuit. The personal injury could be physical, emotional, or mental—no matter, if there are damages a property owner could be liable. Auto Collisions in Parking Lots If an injury occurs during an auto accident in a parking lot, there may be multiple people who could be liable. Personal injuries that are sustained such as whiplash or a concussion may be due to someone else’s neglectful actions. These neglectful actions could be because of another’s driving failures or it may be from the property owner’s neglect of their property. For example, if there is improper lighting, inadequate signage, or potholes—these things could lead to an accident and leave them liable for the damages. Essentially, if that is a hazard that could have been taken care of by the property owner and were not, they may be considered neglectful and could be held liable. Slips, Trips, and Falls in Parking Lots A common cause of personal injuries are slips, trips, and falls. These are especially common in parking lots where there are often things to slip on or trip over like ice, curbs, an uneven road, etc. Physical personal injuries such as broken bones, head and brain injuries, cuts, can easily occur in parking lots. When these things happen, a property owner may be legally responsible. For a property owner to be held liable for a personal injury, they must be neglectful, and those neglectful actions must have caused the personal injury. A property owner is responsible to maintain a safe property. They should conduct routine maintenance checks to ensure their property is as safe as possible. There may be some things that are unavoidable. For example, if there is a blizzard, signage may be clear and present but covered in snow during a blizzard. Or something like ice is not always avoidable. However, the property owner should clear away ice as much as they can within a reasonable amount of time. If you’ve experienced an injury in a parking lot recently, contact us at Flickinger Sutterfield & Boulton. Our experienced lawyers are ready to help you through any case!
The Basics of Wrongful Death Lawsuits
A wrongful death lawsuit is a civil action case brought up against a defendant whose actions have caused the death of another. Most wrongful death suits are filed by loved ones of the deceased—it may be the victim’s parents, spouse, or children. There are certain things that will need to be proven to achieve compensation in a wrongful death suit. Negligence In most personal injury cases, including wrongful death, negligence must be proved to receive compensation. Essentially, you need to be able to prove that another party’s negligent or careless actions were responsible for someone’s death. You must be able to prove that the defendant did not act in a way that any other reasonable person would have in the same situation. Even if the actions in question did not intend to cause harm, if they were the causation that led to the death of another, the defendant could be guilty of wrongful death. Wrongful death can be filed against an individual, group, or company. If a negligent party causes an incident that leads to death, that party may be guilty of wrongful death and help liable for damages. It could also be that the employer of a guilty party may be held liable for the incident was on company property. An example of negligence would be if a person threw an object out of anger, not intending harm, but nevertheless causing it when the object hits another person. In this instance, the thrower would be guilty of being negligent and could be held reliable for any damages or injuries they caused. Causation Once you have proven that the actions of the defendant were negligent, you must also be able to prove that those actions were the cause of death. Even if the actions were harmful, if they were not the direct cause of death, it may not be a wrongful death suit. However, if the neglectful actions were a direct cause of death, then the defendant will be required to compensate for their actions. Breach of Duty In wrongful death cases, you must be able to prove that the defendant owed some duty to the victim and that they were in a breach of that duty. An example of this would be a doctor having a certain amount of duty to maintain the health of their patients. If a doctor failed to fulfill that duty, they could be guilty of a breach of duty. And if that situation led to the death of a patient, they may be held liable in a wrongful death lawsuit. Damages and Personal Injury If the defendant is found guilty in the case of wrongful death, they can be held liable for all damages causes. This may include medical bills, funeral and burial costs, loss of income, hospital bills, and other damages. They may even be held liable for other emotional and financial hardships that impact the loved ones left behind.
Top Causes of Car Accidents
You can avoid a car accident and a potential personal injury case when you avoid these common causes of car accidents. From distracted driving to speeding, we’ve all been there. But safe driving helps you avoid trouble. 1. Distracted Driving With the use of technology, distracted driving is becoming more and more common. It’s a common driving faux pas—it’s easy to get distracted. Whether you’re looking at a phone, GPS, talking to a friend, or just lost in a daydream, if you’re eyes and mind aren’t on the road, you are a distracted driver. Do what you need to do to keep your attention on the road. You may need to put your phone out of reach or listen to something that will help you focus. 2. Inclement Weather A large portion of accidents that occur during inclement weather. Risky road conditions are common during rain, snow, and wind storms. You should change your driving according to the weather conditions. You may need to slow down, take an alternate route, or even reschedule because of the weather. Whether it’s icy roads, a whiteout snowstorm, high winds, or just a little rain, take caution when you are driving in less than ideal weather conditions. 3. Speeding The number one cause of car accidents is speeding. Most of us have been guilty of it at some point, it’s easy to put the pedal to the metal and get going fast. However, when you drive about the posted speed limit or faster than weather or road conditions permit, you are putting yourself and others at risk. As you speed, you have less control and less reaction time if something were to occur. You should also slow down in certain weather and road conditions. For example, a construction zone may require a lower speed. Or some weather may mean slicker and less safe roads meaning you should slow down. 4. Intoxicated Driving It’s common knowledge that drunk driving is wrong, very dangerous, and illegal. When a driver is over the legal drinking limit, they should never get behind the wheel; the safety of themselves and others. Intoxicated drivers have a blurred vision, slowed alertness, and unsound judgment; they are not fit to drive a vehicle. Not all intoxicated drivers are drunk, they could also be impacted by drugs; both legal and illegal. Check yourself before you get behind the wheel. 5. Inexperienced Drivers Getting comfortable behind the wheel takes time. A majority of people involved in car accidents are between the ages of 17 and 24. As you become a more experienced driver, your reaction time becomes better and you become better equipped to handle tough situations. Until you feel comfortable behind the wheel, drive to get experience but drive with caution. You can’t become an experienced driver without driving more, just drive with caution. You’ll learn to better control your vehicle in tough situations and avoid wrecks with time. If you have experienced a car accident recently, contact us to get a team of professional lawyers on your side.
Examples of Personal Injury Claims
A personal injury claim takes place when some are injured due to someone else’s actions. The person who caused the injury, whether intentional or not, can be held legally liable if they are guilty of neglect. Most personal injury claims are handled through an informal settlement, but in some cases, they can formalize in civil court. If an individual file a civil complaint against other persons, business, or group claiming that their actions or negligence led to a personal injury, a formal lawsuit will occur. Wrongful Death Claims In the case of wrongful death claims, any family members or dependents of the deceased that were left be behind may be financially compensated for their loss. If a person is killed because of another person or party’s negligence, they can be held legally and financially liable for the death. A wrongful death claim can only be successful if it can be proven that the defendant was negligent. The defendant’s actions have to have been negligent and directly lead to the death of the victim. Wrongful death claims can help to ease the financial burden often left behind in the case of accidental death. Premises Liability Premises liability are cases when the owner of a property may be held legally liable for any damage or injury that took place on their property due to their negligence. An injury that occurs on someone else’s property alone is not enough to file a claim, you’d need to be able to prove that the injury was due to the property owner’s negligence. For example, if there is a wet floor and no sign is posted to proceed with caution, then a fall occurs, the owner could be held liable. Slip, Trip, and Fall Claims Many slip, trip, and fall cases fall under premises liability. A slip, trip, or fall can happen anywhere, but if the owner of the property where it occurred was negligent, they can be held liable for any potential injuries. One example of this may be when a property is covered in snow and ice after a blizzard. This would make the premises very dangerous. If there has been adequate time to clear it off and the owner has neglected to do so, and someone is injured from a slip, trip, or fall, they could be charged with negligence and help liable. Auto Accidents There are often injuries involved in auto accidents. Whether it be a car, motorcycle, RV, bus, boat, or any other vehicle-related accident, it can be extremely dangerous. In these cases, the most common personal injuries are usually back and neck related or brain trauma. Similar to other personal injury cases, for a personal injury case in relation to an auto accident, the victim must prove that the defendant was negligent and that their action directly led to harm or injury. If the defendant has been proven to be at fault for the accident, they may be liable for any personal injuries you or other passengers may have occurred as a result of the incident.
The Basics of Premises Liability
In the case of premise liability, an injury or some sort of damage has occurred due to some unsafe or defective condition on someone’s property—which means the property owner can be held liable. If any of these injuries or damages are due to the property owner’s negligence, there is a good case for premise liability. Being injured on someone else’s property is not enough to have a premise liability case, you’ll need to be able to prove negligence. As a property owner, you are responsible to take reasonable care—whether your property is public or otherwise. If a property owner is aware of a present danger on their property and does not act to prevent any potential injury or damages, they are being neglectful. When it comes to premises liability, there are different situations where it may apply. Some examples where you may find premises liability in everyday life include: Slip, trip, and fall cases Dog bites Snow and ice accidents Water leaks or flooding Lack of security or lighting that led to assault Toxic fumes Defective or unsafe condition on the premises Defective staircases Swimming pool accidents Wet floors Hidden extension chords Unsecured rugs What is Duty of Care? A property own must take reasonable care of their property to maintain their own duty of care. The laws of duty of care will differ from state to state. Typically, a property owner is required to act as any other reasonable person would and maintain a certain level of standard care in regard to their property. Essentially, they need to keep their property reasonably safe and clear up and hazards within a reasonable amount of time. For any condition to be considered a liability to the property owner, they mat be aware of it and not acted. Whether they place a sign, such a “Beware of Dog” sign if there is a dog on premises, or shovel away snow if there has been a storm recently, they need to have taken some action. However, they do need a reasonable amount of time to act. If, for example, there is a storm in the middle of the night and someone slips on ice at say 4 a.m., there has not be a reasonable amount of time for the property owner to clear away the ice. Personal Liability and Premises Liability What’s the difference between personal liability and premises liability? These two are often confused but they are not the same. Personal liability stems from one’s actions and can take place anywhere on any property. Whereas, with premises liability the case must take place on your property for your to be liable. Both liabilities can have similar consequences and can be a result of similar occurrence, mainly neglect, but they are different laws. Anyone can be guilty of personal liability, only property owners can be guilty of premise liability.