In addition to legal liability, a slip and fall parking lot settlement also depends on the damages of the victim. In other words, because they invite people to park on their property, it's up to them to clear ice and other dangers from the property. Learn more about establishing liability in slip-and-fall cases. From insurers to injured—REDISTRIBUTION. Walking through the parking garage, Jane stepped over a strip of ice on the way to her car. Large companies & retail stores like Walmart, Target or Walgreens. The accident was apparently due to poor lighting; an expert witness in the case stated that the parking lot was lit no more than a very dark movie theater. But how can we know for sure? We need to do some detective work. The nature of potholes often makes them impossible to avoid. Causation — The breach of duty was a direct and proximate cause of the fall, which led to your injuries and damages. The case was later remanded to redetermine the damages and the case went down in the history books as an important example of slip-and-fall liability and recovery against a major corporation. Your intuitive guess is probably the grocery store, and in some cases this is true. There is a duty of care to foresee the hazards presented by snow and ice and maintain the property properly, regardless of whether the owner is undertaking the maintenance and cleaning or a firm hired by the owner.
Madison Motorcycle accident lawyer. Tripping over the pothole edges. However, it's important to understand that the purpose of this law is to limit the liability of public entities, so it is full of exceptions. A personal injury law firm can work with you to ensure that your interests are fairly represented in your slip and fall parking lot settlement. The first way is if they created the dangerous condition themselves. The downside of the insurance option is a significant one: there is an element of unfairness inherent to the insurance claims process. The defendant has to prove that you were partly at fault. Depending on the circumstances, you may also be able to file a lawsuit against whoever was responsible for maintaining the safety of the parking lot, provided that it's not your employer (no double dipping).
You need to make sure you dress for the weather. Under modified comparative negligence, a plaintiff may seek damages in proportion to the degree to which their negligence contributed to the accident. If someone else is found to be liable for an accident caused by their negligence they can be made to pay for all of your medical expenses as a result. That does not mean that another party may also be liable for your damages, so talking to a Kansas City slip and fall attorney is still a wise idea.
Before you say or accept anything related to your case, call a lawyer for a free consultation. A significant benefit is that the legal process is much more fair than the insurance claims process. Most of us don't think twice about getting out of a car and walking across a parking lot or garage to get to a retail location, school, or building. Photographs and Video. If they refuse to hand it over, let them know you expect them to preserve all pictures, films, and any other records from that day as evidence. Santana, then 52, was approaching her place of employment as a mail sorter for DHL via the company parking lot. While in town to see a College of Charleston basketball game, Robert J. Burke parked in a city lot on George Street, between Meeting and King streets. There are three ways this can be established: 1. Ice, moving vehicles, broken concrete, and steps without handrails can all lead to slip and fall accidents in parking lots. Witness testimony is some of the most helpful evidence in any slip and fall case.
Different states have different takes on such comparative fault rules. Take pictures of the accident site. If the accident wasn't your fault, don't say anything to make it sound like it might have been. Here we discuss how to prove liability and build a personal injury claim.
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