Tripping and falling in a supermarket parking lot can lead to serious injuries and legal questions about liability. If you have injured yourself from a fall in a store parking lot, you need to know about your options and legal rights. Supermarkets have a responsibility to provide safe parking lots, and if they fail to do so, they may be liable for any injuries. This article provides an overview of the legal issues, steps to take after an injury, and how to hold a supermarket accountable if you are hurt in their parking lot.
What Causes Parking Lot Falls?
There are several potential causes for falls in parking lots that lead to injuries:
- Uneven surfaces or potholes
- Cracks and buckling pavement
- Curbs without proper ramps
- Slippery surfaces when wet
- Poor lighting at night
- Debris, shopping carts, or other obstacles blocking walkways
- Unsecured mats at store entrances
A property owner like a supermarket has a responsibility to properly maintain their parking lots to prevent dangerous conditions. If they fail to do so and it leads to your fall and injuries, they may be legally liable through premises liability laws.
Proving Liability for Parking Lot Falls
To successfully hold a supermarket or property owner accountable, you must prove:
- There was a dangerous condition on the premises
- The owner was aware of or should have reasonably known of the hazard
- They failed to take appropriate actions to fix or warn about the hazard
- This failure directly caused your fall and subsequent damages
Dangerous conditions may be structural problems like cracked asphalt or temporary hazards like a spill. Constructive notice laws mean owners should be aware of any hazards that have been present for a sufficient time.
You will need evidence like photos of the condition and any witnesses who can testify to the circumstances. Security camera footage may help establish how long the hazard was present and that the owner failed to act.
Seeking Medical Treatment After a Fall
If you have fallen and suffered any injuries in a parking lot, it’s essential to promptly seek medical care. This establishes official documentation of your diagnosis and treatment required for an injury claim.
Some common parking lot fall injuries include:
- Sprains, strains, and contusions
- Fractures and broken bones
- Traumatic brain injuries or concussions
- Back, neck, and spinal cord injuries
- Loss of consciousness
- Lacerations and abrasions
Always call 911 for serious injuries with bleeding, head trauma, or inability to move. Otherwise, visit an urgent care or emergency room soon after the fall. Be sure to inform doctors how the injury occurred and document any safety hazards.
Follow all treatment instructions and attend necessary appointments until you fully recover. Notifying your health insurance provider promptly can ensure proper coverage of accident-related bills.
Filing a Premises Liability Claim
The next step is to formally file a premises liability claim against the supermarket to pursue compensation for your damages. This is best done with an experienced personal injury attorney. An attorney can handle the claims process while you focus on healing.
First, we will send a demand letter detailing your allegations of negligence against the property owner. This starts a negotiation process to reach a settlement and avoid a lawsuit.
If necessary, we can file a lawsuit on your behalf. They will gather evidence, determine the full value of your damages, prove negligence in court if required, and negotiate the maximum possible settlement.
Recoverable Damages in Parking Lot Injury Claims
You may be entitled to various damages with a successful premises liability claim after a parking lot fall, such as:
- All medical expenses from injury treatment, both current and future
- Lost income from missed work due to recovery
- Loss of future earning capacity if disabled
- Pain and suffering damages
- Costs of medication, equipment, rehabilitation
- Permanent impairment or disability
- Emotional distress
- Loss of enjoyment and quality of life
We can seek full and fair compensation using legal options like mediation or binding arbitration if needed.
Tips to Protect Yourself in Parking Lots
To avoid becoming a victim yourself, be cautious entering and exiting stores through parking lots. Follow these safety tips:
- Watch for uneven surfaces, potholes, cracks, and curbs
- Scan for any debris, spills, mats, or carts blocking your path
- Take a look at lighting and visibility conditions, especially at night
- Use crosswalks and designated walking areas only
- Avoid shortcuts across lanes or landscaping
- Wear stable, non-slip footwear with good traction
- Don’t overload yourself carrying purchases to your car
- Have keys ready before walking to your vehicle
- Slow down, avoid distractions, and watch your step
In snowy or icy conditions, take extra precautions in parking lots. Report any unsafe conditions to the store manager immediately to prevent others from injury.
Take Action if You Are Injured in a Parking Lot
Tripping and falling due to unsafe premises can lead to significant injuries with mounting medical bills and lost income. Never assume you are at fault or that an owner will step up and take responsibility.
Protect your rights by taking these steps:
- Get prompt medical care and document your injuries
- Report the accident and hazardous condition
- Take photos of the scene showing the hazard
- Preserve footwear, clothes, and other evidence
- Get witness contact info and statements if possible
- Consult an experienced premises liability attorney like us
With expert guidance from us at the law offices of Marc S. Albert, you can pursue maximum compensation for your damages so you can focus on healing. Supermarkets and retail stores have a clear duty to provide safe walkways and parking lots for customers. Hold them accountable if they fail to uphold this responsibility. With the right legal support, you can successfully recover after a parking lot fall results in preventable injuries.
You can find us at the following addresses:
- Astoria – 32-72 Steinway St, Astoria, NY 11103
- Brooklyn – 7113 5th Avenue, Brooklyn, NY 11209
- Syosset – 175 Jericho Turnpike, Syosset, NY 11791
Alternatively, call now for a free consultation on (347) 472-5080.