A slip and fall accident can occur at any time and can result in severe injuries. For instance, if you tried to catch yourself, you might be dealing with a broken arm. If you fell sideways, you might have a broken hip. Such types of injuries can mean significant medical bills and time off work. However, you might be able to receive compensation for the damages if another person is liable for the accident. When determining liability, there are certain considerations that must be taken into account, including:
- Who has a duty to care for the parking lot?
- Who was responsible for the accident?
- Could the accident have been prevented?
If you happen to slip in a parking lot, an Atlanta Slip and Fall attorney can help you determine if you can sue. They’ll do so by asking you several questions, including what caused the accident. Read on for more details
To know more about how to pursue compensation after a slip and fall parking lot injury, contact Ponton Law.
1. Who’s Responsible for The Condition of the Parking Lot?
Following the slip and fall incident, your lawyer will start by looking into who’s responsible for maintaining the parking lot. Is the lot public property or is it owned by a private individual or organization? Generally, the party responsible for your accident is the one responsible for the parking lot’s condition. Most parking lots are privately run, meaning that you’ll have to deal with a business and their liability insurance firm.
2. What Caused You to Slip and Fall?
Knowing why you fell allows you to determine who to hold liable and whether you have the right to sue. For instance, if your parking lot fall was caused by ill-fitting shoes, you might be partially or totally at fault. However, your slip is more likely to have resulted from a condition related to the parking lot e.g., standing water, potholes, poor lighting or snow.
3. Did the Owners Have A Duty of Care to Prevent the Hazardous Situation?
Your lawyer will then determine whether the lot owners had a duty to rectify the dangerous condition. Owners of premises owe lawful visitors and customers the duty of reasonable care regarding the condition of the venue. However, they are not legally required to warn guests or clients about obvious dangers.
4. Were You Partially to Blame for the Accident
In the state of Georgia, you can still seek compensation after a slip and fall accident even if you were partly to blame. How much you might be entitled to recover for the injuries may at times depend on your degree of fault. Courts use a legal concept called Comparative Fault to establish each party’s share of the fault for an accident. Under the Georgia comparative negligence law, you can recover compensation as long as you are no more than 49% to blame for the incident. If you are 50% or more at fault for the fall that led to your injuries, then you’ll not be reimbursed.
5. Were You Working At the Time of the Accident?
Your lawyer will handle your case differently if you were working when the incident happened. If you’re injured while performing work duties, you’ll be compensated via the state’s worker’s compensation system. It’s essential to notify your employer immediately and make a claim with their worker’s compensation insurance. That insurance should cover all your medical bills and a portion of your lost income.
If you’ve experienced a slip and fall parking lot injury, call the Atlanta Personal Injury attorney today at 404-860-2454, or contact us online to schedule an appointment.