Trip and fall accidents can happen anywhere in Dunwoody, including on a property’s parking lot. Someone might trip on a poorly-maintained or hidden pothole in the parking lot, causing injuries. If you suffered injuries because of a pothole, you might have a case against the property owner.
Property owners and businesses must keep their premises safe. That includes parking lots where visitors and customers travel. It’s best to know your legal options so that you can fight for financial recovery—before it’s too late.
John Foy & Associates specializes in trip, slip, and fall accidents. We have been helping injury victims for over 20 years. Plus, our lawyers don’t charge a fee unless we win you compensation.
To get a free consultation today, call (404) 400-4000 or contact us online.
Causes of Pothole Trip and Fall Injuries
Parking lots and parking garages are standard in Dunwoody. Businesses use their lots to accommodate customers and visitors at all hours. However, owning parking spaces comes with legal responsibilities.
Property owners must maintain parking lots and ensure they’re safe. That includes watching for potholes and other trip and fall hazards. Even if the owner hires other people to maintain the parking area, the owner could be liable.
Trip and falls caused by potholes can happen because of:
- Bad lighting so that the victim can’t see the pothole
- Poor maintenance of parking lot potholes
- Uneven pavement
- Parking lot debris
- Lack of warning signs to alert visitors
Potholes can even cause car damage or car accidents in the parking lot. Most of the time, though, a trip and fall happens because someone is walking and unable to avoid the hazard.
People often walk in and out of parking lots at late hours. For example, restaurants and malls are open into the night. If lighting is low, anyone could trip and fall on a pothole and become injured.
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Liability for Trip and Fall Injuries on a Parking Lot Pothole
After a trip and fall on a pothole, you have legal rights. You will probably need to investigate the cause of the fall first. Namely, it’s important who owns the parking lot property.
The parking lots and garages often belong to a nearby business or property owner. If the lot is public, a government agency might be responsible for the area. Either way, someone has probably been negligent in your trip and fall.
Here’s how it works:
- Negligence is a lack of ordinary care, according to Georgia Code § 51-1-2.
- Property owners and businesses must exercise ordinary care for visitors and customers. That includes keeping their premises and approaches safe, according to Georgia Code § 51-3-1.
- If a property owner or business fails to exercise care, they have been negligent.
- If the lack of care leads to an injury or death, the negligent party is responsible for the costs.
A Dunwoody trip and fall lawyer can help determine who was negligent for your injuries. From there, you’ll know where to bring your claim. You might be able to file an insurance claim or lawsuit against the at-fault party.
Types of Parking Lot Pothole Injuries
Falling on a pothole might not sound too extreme. But the injuries can be severe, especially for older victims. Elderly adults can suffer deadly injuries after tripping, for example. Those with certain health conditions are also at risk.
Parking lots are also more brutal than other surfaces. The victim falls on hard pavement or asphalt. They might scrape themselves on the pothole or other debris in the lot. The whole fall can lead to injuries like:
- Cuts and lacerations
- Road rash
- Broken arms, wrists, hips, or other bones
- Traumatic brain injuries (TBI)
- Neck and back injuries
- Spinal cord injuries
- Facial injuries
- Broken teeth
- Infections from untreated injuries
Severe trip and fall injuries are really expensive. You might face huge medical bills and lots of missed work. But you shouldn’t have to pay for someone else’s negligence. It’s important to know your compensation rights from the beginning.
An experienced lawyer can help determine who was responsible for keeping the parking lot safe. Reach out to John Foy & Associates to learn more during a free consultation. Call (404) 400-4000 or contact us online today.
Your Rights to Compensation
A property owner is not immediately responsible after your injury. People can trip and fall for reasons that don’t involve negligence. However, the chances are high that someone’s carelessness led to your injuries.
You’ll need to prove that the owner failed in their legal duty. As a result, you tripped and fell, suffering injuries. If you were not at fault, you can file a claim to recover costs like:
- Medical bills
- Prescription medications
- Future medical costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
Your damages are probably much greater than you realize. Many victims fail to account for future medical costs and other expenses. You might also have pain and suffering damages that only a lawyer can calculate.
Building Your Pothole Personal Injury Claim
Here are some ways you can start building your claim after your injury:
- Let the property owner or business know that you fell and suffered injuries.
- Take pictures of your injuries, the pothole, and the whole parking lot scene.
- Get the names and contact information of any eyewitnesses.
- See a doctor as soon as possible.
- Call a trip and fall lawyer to talk about your case.
The owner or their insurance company will probably challenge you. They might claim that you weren’t careful enough to avoid the pothole. Or, they might question your injuries.
Protect yourself today by talking to a lawyer about your rights. You have limited time to file, so don’t wait to get started.
Talk to a Dunwoody Trip and Fall Accident Lawyer for Free Today
A trip and fall accident comes out of nowhere. No one is prepared for the aftermath, and it can be expensive. Thankfully, you don’t have to go it alone. An experienced lawyer can help.
John Foy & Associates has over 20 years of experience helping injury victims and their families. We know what it takes to build a strong injury claim. Also, we’re not afraid to stand up to the insurance companies.
Contact us today for a free, no-risk consultation. Call (404) 400-4000 or contact us online to get started.
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