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How to Sue for Injuries Suffered in a Hazardous Parking Lot

July 3, 2024 | Premises Liability

Underground parking/garageParking lots are everywhere, essential for shopping centers, office buildings, and numerous other venues. Yet, despite their commonality, they can also be hotspots for accidents and injuries. Poor lighting, inadequate signage, unsuitable pavement conditions, and lack of proper maintenance can all turn a simple trip to the store into a hazardous ordeal. If you’ve suffered an injury in a parking lot due to such conditions, you may have legal options.

Whether you slipped on ice, tripped over a pothole, or were hit by a car in a poorly designed traffic flow, you may sue property owners or third parties for any breach of duty of care that led to your injuries. The lawyers of Goza & Honnold are prepared to handle all aspects of your potential legal claim, including building a case to seek justice in court. 

How to Pursue a Lawsuit for Injuries Sustained in a Parking Lot

To initiate a premises liability lawsuit for injuries sustained in a hazardous parking lot, your lawyer must demonstrate negligence on behalf of the at-fault party. Establishing that the property owner failed to maintain safe conditions requires clear evidence and a strategic approach.  

You must prove the following elements to build a successful case: 

Establish Duty of Care First

You must demonstrate the property owner had a duty of care toward you. This means proving that you were lawfully on the property and that the owner had a responsibility to ensure the parking lot was safe. In most cases, anyone using a parking lot as intended (e.g., customers, employees) is owed this duty.

Identify the Breach of Duty

The next step is to show how the property owner breached this duty. This involves presenting evidence of dangerous conditions that the owner knew about or should have known about through proper maintenance routines. Common hazardous conditions in parking lots include potholes, uneven surfaces, icy patches, inadequate lighting, and obstructed signage.

Link the Breach to Your Injury

Proving that the hazardous condition directly caused your injury is crucial. This means connecting the unsafe environment in the parking lot to the accident. For instance, if you slipped on ice that should have been removed or treated, you need to show that the fall was a result of this specific negligence.

Demonstrate Damages

Finally, you must prove that the negligence caused quantifiable harm. This includes physical injuries documented by medical records, financial losses due to medical bills, and even emotional distress.

Proving negligence in a parking lot injury case requires thorough documentation and a clear demonstration of how the property owner’s failure to maintain safe conditions led directly to your injuries. Working with the personal injury lawyers of Goza & Honnold can greatly enhance your ability to assemble the necessary evidence and arguments to support your claim.

Steps to Take for Filing a Premises Liability Lawsuit

If you believe that negligence played a role in your hazardous parking lot accident, pursuing a lawsuit may be the right step. 

The following are the seven steps you may take to recover compensation: 

  1. Document the Incident: As soon as the injury occurs, document everything. Take photos of the scene, noting any conditions like ice, snow, potholes, or inadequate lighting that contributed to the accident. If there were any eyewitnesses, collect their contact information and statements.
  2. Seek Medical Attention: Visit a healthcare provider to assess and treat your injuries. Medical records will be crucial in demonstrating the extent and cause of your injuries, which is vital for your claim.
  3. Report the Incident: Notify the owner or the manager of the parking lot about the incident. Make sure to get a copy of the accident report if one is created. Reporting the accident not only formally documents the event but also notifies the responsible party about the hazard.
  4. Gather Evidence: This could include surveillance footage from nearby cameras, maintenance records of the parking area, or a weather report if conditions like ice or snow were factors.
  5. Consult a Lawyer: Consulting with a personal injury lawyer provides you with legal guidance, including aggressive representation in negotiations or court.
  6. File the Lawsuit: If negotiations with the property owner or their insurance company fail, your attorney may recommend filing a lawsuit. 
  7. Prepare for Litigation: If your case goes to court, be prepared to present all gathered evidence. Your attorney will handle the filing of legal documents, representation in court proceedings, and any negotiations.

To navigate a lawsuit for injuries sustained in a parking lot, you should consider working with the experienced lawyers of Goza & Honnold to ensure your rights are protected and you recover the full extent of your losses.

Speak With the Premises Liability Lawyers of Goza & Honnold 

If you’ve been injured in a hazardous parking lot due to poor maintenance or unsafe conditions, it’s essential to take legal action to hold the responsible parties accountable. The premises liability lawyers of Goza & Honnold help you navigate the complexities of proving negligence, gathering crucial evidence, and presenting your case. 

Contact our legal team to explore your options at (913) 451-3433 or fill out a contact form