If you’ve fallen in a parking lot outside of your favorite restaurant or shopping center and suffered a serious injury as a result of your fall, you have the right to seek compensation from the person or persons who are to blame for the fall.
Many people might assume that no one can be responsible for a fall, but if you’ve fallen on commercial property, you could very well have an opportunity to recoup your damages.
The only way to obtain full repayment of your personal damages after a slip-and-fall is to bring a claim against the at-fault party. In premises liability accidents such as slip-and-falls, the owner of the property you fell on could likely be found liable for your damages.
Property owners have an obligation to take necessary precautions when they have invited guests. For instance, a restaurant owner will need to ensure that if a beverage spills, a wet floor sign is placed by the spill until it can be cleaned.
Falls in a commercial parking lot caused by ice would be grounds for a premises liability lawsuit due to the fact that the owner had an obligation to ensure that the parking lot was plowed and ice melt placed down before the business opened for the day.
There are certain instances under which a property owner cannot be held accountable for your injuries in a slip-and-fall. First, if you were trespassing on the owner’s property, or you were committing a crime at the time of your fall, the property owner cannot be culpable for your damages.
Furthermore, Massachusetts has what’s known as the open and obvious rule in place. In these scenarios, if you fall due to a hazard that is considered to be in an area that is open and obvious, you won’t have a case against the property owner. A hazard can be considered open and obvious if another ordinary person would exercise reasonable care in avoiding the hazard.
However, this doesn’t mean the property owner is entirely off the hook. Property owners must make necessary repairs and clear obvious hazards in a timely manner in order for the rule to apply. The defense is likely to use this as a way to get out of compensating you, but your attorney will have prepared a rebuttal that is sure to maintain the strength of your case.
If you’ve been injured in a slip-and-fall accident that occured in a commercial parking lot and you’re ready to pursue a lawsuit against a negligent property owner, get in touch with a Boston Slip-and-Fall accident lawyer at Joel H. Schwartz, PC.
We can get started on your case as soon as you come in for your free, no-obligation consultation. Schedule yours today by filling out the online contact form we have provided at the bottom of this page or by calling our office directly at 1-800-660-2270.