3 Factors You Can Use To Prove Negligence In An Outdoor Slip And Fall Case
If you slip and fall in a parking lot, the store owner is not necessarily responsible for the damages, unless you can prove negligence. There are certain factors that can be used to prove negligence, though, and if these factors exist, you might have a good case on your hands.
Even though store owners are not usually liable for slip and fall accidents in their parking lots, they still have a duty to uphold. This duty involves keeping their parking lots in good condition, which means there should not be any unaddressed dangers present.
A potential danger a store owner may overlook is a large pothole in the pavement. Fixing this pothole might be costly, which is a common reason why the owner may not have taken action to get it fixed. The problem is that a pothole can lead to accidents. If you are walking and do not see it, you could trip, fall, and injure yourself.
If the owner of the parking lot had placed cones or markers around this hole, you might not be able to sue, simply because the owner gave warnings about the potential danger.
A second factor you might be able to use in your case is poor maintenance. This is a defense that is often used in the winter when snow is present. Failing to remove snow is not considered poor maintenance, but leaving other things unrepaired that lead to problems can be.
For example, if the roof is not draining water properly, melted snow may drip from the roof. This can leave icy patches on the pavement, and these patches are often extremely slick. If you slipped and fell from something like this, you might be able to use this factor to win the case.
Lack of lighting
A third factor that can prove negligence involves the lighting in the parking lot. If every light in the parking lot was out of order when you fell, and if the accident took place at night, you could use this factor to prove the owner's fault. If the owner neglected to provide an ample amount of light in the parking lot, the court might view this as negligence.
Proving negligence is the number one factor of winning any type of personal injury case. If you would like to get more information about slip and fall cases, you may want to contact a personal injury lawyer, such as those at Welsh & Welsh PC LLO, today.