Know Your Rights if You Fall Down in a Parking Lot in California
If you fall down in a California parking lot and scrape your knee, then you likely do not need to take any action. But what if you suffered a serious injury, such as a broken bone, due to your fall? Is the owner of the parking lot at fault? They may be. Keep reading to find out when to take action and when you should simply move on. Then contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
What to Do if You Fall in a California Parking Lot
If you take a fall in a parking lot in California, it is important to get medical attention as soon as possible. If you are inured, this immediate care can be the difference between an injury that heals in a few weeks and a catastrophic injury that never entirely heals. Visiting the doctor right away also provides a record of your injury that can be helpful if you have to file a claim or sue in the future.
If you are not seriously injured then you should pause to take photos of the scene, your injuries, and any contributing factors to the accident. Report the accident to whomever is in charge, whether a manager of the business or the property owner. You should then contact a personal injury attorney to find out what your legal options are.
Common Causes of Slip and Fall Accidents in Parking Lots
Slip and fall accidents are actually the most common type of reported injury in a parking lot. There are several potential reasons for them, including slippery surfaces due to oil or other substances on the cement, debris, poor weather conditions, cracked or uneven pavement, poor lighting, cracked, missing, damaged, or improperly located tire stops, and missing stair banisters.
Is the Owner of the Property Responsible for Your Slip and Fall?
This depends on a number of factors. First, we must establish that the owner of the property or the manager had a duty of care to you. That means that it was their responsibility to take reasonable steps to keep you safe. If you were a patron at their store then they have a duty of care to you. If you were trespassing on private property then they likely have no duty of care.
Next, we must prove that an adverse condition on their property caused your injury and that your injury caused damages. Finally, we must prove that they either knew or should have known about said adverse condition and did not take reasonable steps to repair it within a reasonable amount of time.
As you can see, simply falling on property that belongs to another person is not enough of a reason to be able to recover damages. If you are unsure if your case qualifies, or if you want a free legal consultation from an experienced personal injury attorney, contact Law Offices of Fernando D. Vargas at 909-982-0707.