Falls account for eight million emergency room visits yearly and are the leading cause of visits. A slip and fall accident can happen at any time to anyone, and oftentimes, they result in serious injury. Property owners have a duty to keep their premises safe for others. If an accident occurs because of a hazard they failed to address, they could be liable for any damages.
Hazards that Cause Slip and Falls
Parking lots are dangerous places if not properly maintained. The duty a property owner owes to others extends into parking lots, but many landowners often neglect these areas, leading to devastating accidents.
Wheel Stops
Wheel stops are the long concrete rectangles at the front of a parking spot. They help prevent people from encroaching on sidewalks. However, when parking spots are empty, these wheel stops can be dangerous.
If they aren’t properly maintained, the concrete can crumble and become a tripping hazard. If the lighting in the parking lot is poor or the wheel stop isn’t painted, someone could trip over one simply by not seeing it.
Potholes
Potholes are a huge problem in Florida, especially when combined with a heavy storm. When filled with water, potholes are virtually invisible, or they may look like a regular puddle. If someone steps into one accidentally, whether it’s filled with water or not, they’ll likely injure themselves.
Cracked Sidewalks
A poorly maintained sidewalk is not only bad for accessibility, but it’s dangerous. Deep cracks, crumbling concrete, or missing chunks are a minefield for pedestrians. If a property owner fails to maintain their sidewalk, they may be held liable for any resulting injuries.
Broken Stairs
Outside stairs are already a hotspot for injuries. They’re often made of concrete, brick, or other hard materials. If someone falls on the stairs, they’re at risk for a few different injuries. Because of the edges, head injuries are common. Broken bones and back injuries also occur frequently as a result of a staircase injury.
Staircase hazards include:
- Missing or broken handrails
- Missing steps
- Broken or worn-out steps
- Stair height and width not up to code
- Missing reflective paint
- Missing anti-slip treads
Poor Lighting
Poor lighting is one of the most dangerous hazards you can come across in a parking lot. Not only is it a hazard on its own, but when paired with any of the above hazards, a lot becomes all the more dangerous. If a parking lot is poorly lit (or not lit at all), pedestrians won’t be able to avoid wheel stops, potholes, or broken sidewalks. They won’t see any potential hazards and are, therefore, more at risk for injury.
Recovering Your Damages After a Parking Lost Hazard Injures You
If you’ve been injured because of a parking lot hazard, it’s time to seek the compensation that you deserve. By filing a lawsuit against the property owner, you can receive compensation for any damages you’ve experienced. Damages you may be able to recover include:
Medical bills
- Hospital stays
- Ambulance rides
- Surgery
- Specialists
- Prescriptions
- Physical therapy
- Medical equipment
- In-home care
- Future medical costs
Lost wages
Lost earning capacity
Pain and suffering
Disfigurement and scarring
Funeral and burial costs in the case of wrongful death
How to Prove that a Property Owner Was Negligent
To file a slip and fall lawsuit, you’ll need to be able to prove that the property owner acted with negligence. To prove negligence, you have to be able to prove the following four elements:
- You must be able to prove that the property owner owed you a duty of care. By owning a property, they must provide visitors, employees, or patrons with a safe environment that’s free from hazards.
- Then, you must be able to prove that there was a breach of the duty of care. For example, the breach could be a pothole that wasn’t filled for a few weeks or a missing step.
- Next, you’ll have to prove that the breach directly caused your injuries. For example, because there was a missing step, you tripped and were injured.
- And finally, you’ll have to prove that you have actual damages as a result of your injuries.
Evidence Used to Prove Negligence
To prove the above four steps, you’ll need to gather evidence. Hiring an attorney is the best way to ensure that you get the compensation you deserve for your damages. We’ll be able to investigate the accident and gather evidence that you may have missed. Types of evidence frequently used in parking lot slip and fall cases include:
- Personal photos and videos
- Security camera or dash-cam footage
- Eyewitness statements
- Expert witness statements
- Maintenance records
- Medical bills and records
How Can Osborne & Francis Help You?
If you’re ready to file a lawsuit against the property owner that caused your injuries, we’re here to help you. Our talented team of slip and fall attorneys has years of experience working on cases just like yours. We’re passionate about what we do and are eager to help you seek compensation and justice for what was done to you.
To speak with a member of our team, contact us online or at (561) 293-2600.
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