Can I Sue if I Slip and Fall in an Icy Parking Lot?
- Posted on: Dec 31 2018
If you slip and fall on the ice in a parking lot, you might wonder if you have a slip and fall claim. Just as with any other type of slip and fall case, there are several different important factors involved in the outcome. It’s not enough to slip, fall, and be injured. In fact, even if you’re seriously injured, you can still lose a slip and fall case. If you slip and fall on an icy parking lot, here are some things you need to know before you file a lawsuit.
Who Was at Fault?
The first question to ask yourself and honestly answer is who was at fault. If you were texting someone while walking across the parking lot and didn’t see the patch of ice, it’s very likely the court will find you at fault because you weren’t paying attention. You need to be able to show that your accident was the result of negligence on the part of the lot owner, not because you were careless.
It’s not always easy to establish negligence, but this is usually the key part of your case. If you can’t establish negligence, the case is likely to be dismissed. For a slip and fall in a parking lot, you need to look for a few things. Unfortunately, you usually need to do this right after you’ve fallen, which can be difficult if you’re in a lot of pain. Some of the things to look for and document (with photos or videos whenever possible) include poor lighting, potholes, uneven surfaces, the ice you slipped on, and anything such as snow that’s covering potentially icy spots.
Were You at Work?
Another important factor involved in this type of case is whether or not you slipped in the parking lot of your job or if you were at the parking lot for a work-related task. If so, it’s likely your injuries will fall under workers’ compensation rather than a personal injury case. If you’ve fallen in an icy parking lot and aren’t sure if you have a case or not, contact the legal experts at Held & Hines LLP. We will help you work through the steps of a slip and fall claim.