Slip and Fall Accidents in Parking Lots

Slip and fall, fall down, and trip and fall accidents happen frequently in parking lots throughout South Florida. Although not every fall may be actionable, a person who is injured in a slip and fall accident in a parking lot may be able to recover compensation if they can prove that the owner of the parking lot was negligent in causing the accident. If you or a loved one has been hurt in a slip and fall accident, the experienced Pembroke Pines premises liability lawyers at Cohn & Smith can help you determine whether you may have a claim against the person or business that you believe caused your fall.

In order to hold a property owner liable for a parking lot accident, such as a slip and fall, the plaintiff must be able to make out a case of negligence against the defendant. This is a multi-step process. First, the plaintiff must show that the defendant owed a duty of care. Second, the plaintiff must show that the defendant breached the duty of care that was owed. Then, the plaintiff must show that they were harmed and that the injuries were a proximate result of the defendant’s breach of the duty of care owed to the plaintiff. In civil cases, such as premises liability lawsuits arising from parking lot accidents, the plaintiff has the burden of proof.

Premises liability cases tend to be very fact-specific. In addition to proving negligence, the plaintiff must also show that the property or business owner either created the dangerous condition that led to the accident or that the defendant knew of the condition but failed to correct it in a timely fashion. Since a higher duty is owed to people who legally come onto another party’s property for a business purpose than to social guests or trespassers, the purpose for which the injured person entered the property where the accident happened may also be relevant. In most situations, parking lots are part of a business property and used by the customers of that business, so the higher duty of care likely will be owed.

It is not unusual for a defendant in a personal injury lawsuit to allege that the plaintiff was also negligent in an accident, such as by failing to pay attention where they were walking. When such an argument is raised, the plaintiff’s damages award may be reduced in proportion to any fault allocated to them. For instance, if a jury finds that a plaintiff suffered damages in the amount of $150,000 but that the plaintiff was 20% at fault for texting while walking through the parking lot, the plaintiff may be able to receive up to $120,000 in damages.

Serious, permanently debilitating injuries may result from a slip and fall accident in a parking lot. If you have been hurt in a parking lot accident, you should talk to a slip and fall attorney about your right to seek compensation for damages such as medical expenses, lost wages, and pain and suffering from the property owner whose negligence led to your injury. The knowledgeable Pembroke Pines attorneys at Cohn & Smith are available for a free consultation. Call us at (954) 431-8100 or contact us online to schedule your appointment today. We represent victims throughout South Florida, including in Hollywood, Davie, Coral Springs, Pompano Beach, Fort Lauderdale, Weston, Sunrise, Tamarac, Aventura, and communities throughout North Dade County.