Unattended Parking Lots
Parking lots are not always considered dangerous but sometimes they should be. A poorly designed or maintained parking lot can lead to frequent car, bike or pedestrian accidents. Furthermore, a poorly maintained parking lot can be a draw for criminal activity. Contact James Ponton of Ponton Law today if you have been injured while using a parking lot that was not properly designed or maintained.
Who is Responsible For the Upkeep and Safety of Parking Lots?
A parking lot owner, or the parking lot operator, may be responsible for upkeep and safety. Often these parties will enter a contract that identifies which party is responsible for what. For example, a parking lot owner might be required to ensure that snow or other debris is kept out of the parking lot while the parking lot operator is responsible for providing appropriate personnel to manage traffic entering or leaving the parking lot.
Issues of lability can be tricky legal questions and you should contact us today so we can help you better understand your rights and options.
Can a Parking Lot Owner or Operator be Liable for the Damage Caused From a Car Accident or Criminal Activity?
Liability issues are questions of fact and law that are rarely easy to answer. A parking lot owner or operator (or possibly both) may be liable for personal or property damage that occurs in their parking lots. Generally, a business owner has a duty to make their place of business safe for all customers.
For example, if a parking lot has become known for criminal activity and if the property owner or parking lot operator does not warn customers of the potential danger then there may be liability for any harm caused. Another example, occurs when a parking lot is designed poorly and therefore causes reoccurring accidents.
What are “Exculpatory Clauses?”
You may have noticed that oftentimes your ticket for using a parking lot contains fine print that removes lability from the parking lot owner or operator for any harm that may happen to you or your property while using the parking lot. These clauses, known as “exculpatory clauses”, are meant as a deterrence from liability for the owner or operator of the parking lot.
You may be wondering: Are exculpatory clauses enforceable? The answer is not simple. Generally, a clause may be enforceable if it is reasonable. An exculpatory clause will not be enforceable if it considered unconscionable (meaning that its enforcement would lead to an outrageous conclusion) or is unreasonable.
Call us today if you have been injured while using a parking lot. We will review your entire case including any applicable exculpatory clauses.
Why Should I Choose Ponton Law?
You can contact us online or call Ponton Law today at 404-418-8507 to discuss your case. Attorney James Ponton has dedicated his practice to ensuring that those injured by the recklessness or negligence of others are compensated for their injuries.
Our team of legal professionals has the dedication and experience to ensure that your case is completely and accurately represented and that you get the compensation that you deserve. Call us today.