Injured in a Business Parking Lot?
Premises liability cases are one of the more complicated areas of personal injury law. In a motor vehicle accident, there is almost always a police report that memorializes the happening of the accident. That report contains the names addresses and insurance information for both parties and also a description of how the accident took place. If you have been involved in a premises liability case, it is in your best interest to consult with and retain the finest premises liability lawyer Los Angeles has to offer before making a decision about your case.
In slip and fall cases, almost none of those items exist at the time the accident takes place. This is because when an individual slips and falls there is unlikely to be many – if any - witnesses. Furthermore, when an individual slips and falls, they are usually embarrassed and will typically get up and go on with what they were doing in the first place. Making an accident report is not always the first thing on their mind unless they have been seriously injured and are unable to move.
Premises liability cases have the two components as motor vehicle accident cases – liability and damages. In these cases, liability Is much more difficult to decipher sinse, again, there are usually no witnesses and the issue comes down to “notice”. Notice is a legal concept which means that the landowner was aware of - or should have been aware of - the condition that caused the injured party to slip and fall. The law recognizes three types of notice:
*Actual notice – this is where the landowner creates the condition that causes the injured party to slip and fall. An example of this would be an improperly paved parking lot that causes a plaintiff to trip and fall, sustaining injuries.
*Constructive notice – this is where the landowner knew of the condition or should have known of the condition that caused the injured party to slip and fall. An example of this is where a snowstorm strikes and the land owner fails to properly remove the snow and ice within a reasonable time.
*Inquiry notice - This is where the landowner had a duty to inquire as to the condition of the premises based upon the circumstances of the case asserted by the plaintiff.
Parking lot slip and fall cases are commonly handled by an experienced Los Angeles premises liability attorney. The reason for this is because many parking lots are poorly maintained, have poor lighting and signage and are ripe for injuries following rain, wind, hail and (much less commonly) snow storms.
Only the finest personal injury lawyer Los Angeles has to offer should be consulted for such matters. One reason for this is the legal status of a guest in a parking lot. A guest who parks their car in a parking lot is known as an invitee of the landowner. That landowner has a duty that they cannot delegate to a third-party to properly maintain the parking lot and they are under an equal legal duty to inspect for all hidden dangers as well.
Consulting with the top premises liability attorney Los Angeles has to offer will give you the advantage you need in such matters. Only the finest finest premises liability lawyer Los Angeles has in practice will be able to artfully craft such a case on your behalf and assert your position that the landowner was charged with a legal duty to properly manage and maintain the parking lot in a reasonably safe condition at all times.
Parking lots are hazardous places and equally difficult to manage and maintain. There are a number of conditions that landowners encounter that must be addressed on a regular basis so that their guests remain safe:
Parking lots must have proper security
Guests at a shopping center or an establishment are entitled to assume that the parking lot is safe and that they will not be assaulted, robbed or worse. Landowners have a duty to keep these areas safe from physical threats and must have adequate security in place at all times to protect the safety and welfare of their guests.
Parking lots must have proper lighting
An improperly lit parking lot often causes guests to sustain serious and permanent personal luxuries. Improperly lit premises are the biggest causes of slip and fall cases. It is very easy to miss a crack in the pavement or to take a misstep if you are not able to see the ground beneath your feet.
Parking lots must have visible and proper signs
Many parking lots do not have adequate signs that delineate where it is safe to walk and where any potential hazardous conditions exist. In many cases, signs become weathered, are illegible or fall down completely due to vandalism or weather conditions such as wind or rain. It is the responsibility of the landowner to make sure the signs are visible at all times for the safety of their guests.
Parking lots must be managed and maintained safely and regularly
Weather plays a vital role in the proper management and maintenance of a parking lot. Snow, rain, sleet, hail and wind all affect the proper maintenance of a parking lot. What this means is that a landowner has a duty to shovel snow, salt the property if ice develops and to make sure the surface is not slick following rainfall or other condensation so as to avoid slip and fall accidents. If signs blow down because of wind or if the asphalt cracks because of the cold weather conditions (or due to heavy vehicle travel in the area), the landowner must repave the parking lot so that the surface is smooth and safe to both drive and walk on.
Retaining the very best personal injury lawyer Los Angeles has in practice is essential if you have been a victim of a slip and fall accident premises liability. Parking lots have their own set of rules, regulations and laws that will require the experience of the top premises liability attorney Los Angeles knows and trusts. It is in your best interest to consult with and retain a Los Angeles premises liability attorney today so that your rights and remedies may be best explained to you in a fashion that is both courteous and professional.