03
Dec
Thoughts on a Fall Accident in a Parking Lot
So you have been unfortunate enough to fall in a parking lot and suffer physical injury. What are your rights? Who are they against? If you are a customer in a parking lot you are owed reasonable care by the owner of the lot. If it is a multiple store situation, you are probably also owed the same degree of care by the store you are visiting. In some situations you will be owed care by other stores surrounding the lot. It if is a single store lot, the owner may or may not owe you a degree of care but the occupier of the store always will.
What sort of things is the liable party responsible for? Under what conditions are they responsible? When may they not be responsible? Obviously, the things that can cause injury in a lot are limitless. Snow and ice, pot holes, foreign objects and grease are the most common but hardly the only ones. As to snow and ice, the host or owner must clean and attempt to alleviate slip risks. In order to determine liability, the time the snow was on the ground and the efforts to remove it must be considered. As to pot holes, the length of the time of their existence is most important. Foreign objects present a different problem because the type of object plus its time being present are both very important. Obviously, if the youngster in front of you drops ice cream which you fall on, the defendants are not liable. If, however, an entire case of soda is dropped in front of a supermarket and the glass is there four hours later, the market is liable. In summary, we must look at the thing which caused the fall and how long the parking lot controller had to correct it.
There are a number of cases in New Jersey setting forth parking lot liability. Many injuries occur in this area and defendants should be cognizant and careful. The buying public has a right to be protected when they are on business premises so that the business may make a profit. This is hardly an exhaustive study of the trials and tribulations of the injured parking lot patron. It is meant as a beginning when you are attempting to see if you have a fall-down case. These situations are often tricky so you should probably consult a lawyer.