(300+)Philadelphia has tens of thousands of parking lots. Some are giant parking garages. Others are underground lots. Still, others are small surface parking lots. Parking lots come in many shapes and sizes, but they all share something important in common: Someone is responsible for ensuring that a parking lot is reasonably safe and secure. This raises an important question: If I fall in a parking lot, who is responsible? The short answer is that you may have a premises liability claim against a property owner or a business owner. Here, our Philadelphia slip and fall accident lawyer explains who can be held liable for an accident in a parking lot in Pennsylvania.
You May Have a Premises Liability Claim or a Slip and Fall in a Parking Lot
In Pennsylvania, slip and fall accidents in parking lots are governed by premises liability law. A business or property owner may be legally liable for a slip and fall accident that happened within their parking lot. Indeed, property owners and occupiers owe a duty to maintain the premises in a reasonably safe condition and to protect invitees from known hazards and conditions that should have been discovered through reasonable inspection. However, liability is by no means automatic. An injured victim in Philadelphia must prove that their parking lot slip and fall accident happened because of negligence. Every parking lot slip and fall in Pennsylvania should be thoroughly investigated by an experienced Philadelphia slip and fall accident attorney.
The Elements of a Parking Lot Slip and Fall Accident Claim in Philadelphia
Parking lot slip and fall accident claims are fault-based legal cases. To hold a defendant legally liable for a slip and fall in a parking lot, you will need strong, comprehensive evidence. Here is an overview of the four required elements of a slip and fall accident claim in Philadelphia:
- Duty: Duty refers to the legal obligation owed by the defendant to the injured victim. In Pennsylvania, parking lot owners, possessors, and entities exercising control owe business invitees a duty to maintain the premises in a reasonably safe condition. Along with other things, the duty includes inspecting for hazards and protecting invitees from dangerous conditions that are known or should be discovered through reasonable care.
- Breach: Breach occurs when the defendant fails to meet the applicable standard of care. In parking lot cases, breach often involves failure to repair defects, failure to remove known hazards, or failure to warn of dangerous conditions. Proof commonly turns on notice. The injured victim must show that the defendant had actual notice or constructive notice of the hazardous condition. For example, a parking garage operator in Philadelphia that ignores a pothole that develops for months could be liable for a resulting slip and fall accident.
- Causation: Causation links the defendant’s breach of duty to the injured victim’s harm. In Pennsylvania, the injured victim must prove both factual causation and legal causation. The hazardous condition must be a substantial factor in causing the slip and fall and the resulting injuries. Competing explanations, including pre-existing conditions or unrelated incidents, are common defenses.
- Damages: You must prove actual damages to bring a successful slip and fall accident injury claim for a parking lot incident in Philadelphia. Damages represent the harm caused by the slip and fall. An injured victim must prove that the fall caused actual injuries and losses. Compensable damages include medical expenses, lost wages, reduced earning capacity, pain and suffering, and more. A top Philadelphia slip and fall lawyer can help you document your damages.
Understanding Compensation: Slip and Fall Parking Lot Settlements
Were you hurt in a slip and fall accident in a parking lot in Philadelphia? Through a premises liability claim, you have the right to hold the at-fault party legally responsible for the full value of your damages, including any non-economic losses. Do not trust a business owner, a property owner, or any commercial insurance company to step up and to look out for your rights and your interests. They fight hard to settle claims for less. Our top-rated Philadelphia slip and fall accident attorney is prepared to help you fight for the maximum compensation, including for:
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability;
- Loss of quality of life; and
- Wrongful death.
Know the Filing Deadline: Parking Lot Slip and Fall Statute of Limitations
Slip and fall accident injury claims are time-sensitive. If you were hurt in a slip and fall in a Philadelphia parking lot, you should take immediate action to protect your health, safety, and right to file a claim. Under Pennsylvania law (42 Pa.CS § 5524(2)), these claims are subject to a two-year statute of limitations. Be proactive: Speak to a Philadelphia parking lot slip and fall lawyer right away. You do not want to miss your chance to get justice.
How Our Philadelphia Slip and Fall Accident Lawyer Can Help
Slip and fall accidents in parking lots can lead to serious injuries. A business or property owner may be liable for that fall accident under Pennsylvania’s premises liability laws. At Gibbons Legal, we have the experience that slip and fall accident victims can trust. Our case results and client testimonials tell the story best. Your initial case review with our Philadelphia slip and fall accident lawyer is free, completely confidential, and without any further obligations.
Get Help From Our Philadelphia Slip and Fall Injury Attorney Today
At Gibbons Legal, Personal Injury & Accident Lawyers, our Philadelphia slip and fall accident attorney is a knowledgeable, experienced advocate for justice. If you or your loved one was hurt in a slip and fall in a parking lot, we are here as a personal injury resource. Call us now or contact us online to set up your free case review. From our law office in Philadelphia (19103), we fight tirelessly for justice for slip and fall accident victims all across the region, including in 19147, 19122, 19104, 19130, and 19106.
