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Fell in a Parking Lot – Do I Have a Case?

May 13, 2021   |   Posted by: Begum Law Group
Parking lot full of cars

No one ever expects to suffer traumatic injuries while walking through a parking lot. But you may be surprised at just how severely you were injured when you fell.

You may even be wondering what legal options may be available to you to get justice and compensation for your suffering. Find out what you could be awarded when you contact an experienced Texas premises liability lawyer at Begum Law Group Injury Lawyers.

How Fault is Determined for Parking Lot Accidents

For you to be awarded compensation in a parking lot accident claim, you’ll need to prove that someone else is responsible for causing your injuries. For falls in parking lots, this can be a complex process. The liable party will depend heavily on what caused your fall in the first place.

Examples of At-fault Negligence

For example, if the pavement was broken up, you may have a negligent maintenance claim against the property owner. This property includes the parking lot your accident occurred on.

Suppose you slipped and fell because the parking lot wasn’t de-iced after a winter storm. In this case, you might have a slip-and-fall claim against the property owner and others responsible for keeping the parking lot safe.

These are only a couple of instances where you might have grounds for a lawsuit after a fall in a parking lot. If your lawyer can show that the owner of the property failed to provide the appropriate level of safety and care required for guests and patrons, you could win your civil claim.

Exceptions to Property Owner Liability in Texas

Parking lot property owners aren’t always held accountable for injuries even though they are obligated to. This duty of care extends only to guests and patrons.

Trespassing

Suppose someone was trespassing on private property or committing a crime when injured in a parking lot. In this case, there would be no grounds for a lawsuit against the property owner in question.

Hazard Was Clear and Obvious

Property owners of parking lots could also avoid liability for falls in their lots if the hazard was open and obvious. Suppose the broken pavement in the above example had a bright orange traffic cone with a sign warning “DANGER.” In this case, the hazard becomes the duty of parking lot users to avoid. This is known as the open and obvious doctrine.

If you suspect the parking lot owner will use these exceptions against you, make sure you have your case analyzed by a legal professional to have them advise you on how to proceed.

Compensating Victims of Parking Lot Falls

When a parking lot owner fails to uphold their duty of care, anyone who suffers injuries due to this negligence should be fully repaid for their suffering. You must take every loss into account. Some various economic and non-economic damages you could recover in your parking lot accident claim include:

  • Physical pain
  • Emotional distress
  • Scarring
  • Lost wages
  • Lost earning potential
  • Diminished quality of life
  • Loss of love and comfort
  • Loss of household services
  • Medical expenses

Punitive Damages

You could even be awarded a sum of punitive damages if the court finds that the property owner was willfully, freely, or grossly negligent in your case. Punitive damages are awarded beyond the losses you’re entitled to recover. And your attorney will fight fiercely for every cent you deserve.

Contact a Parking Lot Accident Lawyer in Texas

If you have suffered devastating injuries after taking a fall in a parking lot, you may be entitled to financial compensation. You can find out what you could be awarded in your case when you reach out to a reputable Texas premises liability lawyer at Begum Law Group Injury Lawyers.

Our firm proudly offers no-cost, risk-free consultations to injury victims across the great state of Texas. Take advantage of this opportunity today. Call our office at 1-866-523-4167 or fill out our quick contact form to get started.

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