One second, you’re laughing with your friends coming out of a business you’ve just visited, the next, you’re lying on your back in the parking lot in agonizing pain. That’s all it takes—a few seconds for your day, possibly life, to abruptly change directions. What happened? How did you get here?
After a slip-and-fall accident, it’s crucial to seek legal advice. If your fall resulted from a business failing to clean or maintain its parking lot properly, it is considered a premises liability case under GA Code § 51-3-1. This means you may be owed restitution. To ensure you receive the full value of slip and fall compensation you’re entitled to, it’s important to contact a personal injury attorney from Montlick for a free consultation.
At Montlick, our attorneys are not just legal experts, but also compassionate listeners. They will carefully listen to every detail of your accident, ensuring they have a comprehensive understanding of what happened. From there, they’ll work to determine if your slip and fall in the parking lot is under the umbrella of premises liability or not. If it is and they believe our team can help, they’ll begin building your impenetrable defense.
Understanding Parking Lot Slip-and-Falls
Can you sue or bring a claim for falling in a parking lot? This is fact dependent but the answer may be yes. Slip and fall parking lot accidents occur when someone falls to the ground due to a safety hazard. They may result in traumatic brain or other head injuries, spinal cord injuries, paralysis, bone fractures, soft tissue injuries, joint dislocations, and sprained or strained muscles. Causes of such falls include:
- Spilled liquid
- Poor lighting
- Uneven pavement or cracked surfaces
- Ice
- Potholes
- Debris
- Standing water
Slip-and-falls can be extremely jarring for those involved, which is why securing representation is crucial. We take on the legal burden of your slip and fall settlement while you focus on healing. With Montlick, you can be confident that our slip-and-fall attorney’s knowledge of liability law will help hold those responsible for your accident accountable.
Work-Related Parking Lot Falls: Workers’ Comp vs. Third-Party Claim
According to the National Safety Council (NSC), 8.5 million people were hospitalized for fall-related injuries in 2022. The Center for Disease Control added to this revelation, sharing that 15% of the total cases were for work-related injuries. The process for slip and fall settlements may look different if your accident happened at work instead of somewhere else.
A fall at work classifies the case as “workers compensation,” meaning your employer may be responsible for paying out damages because they own, control, or provide the parking area in which you fell. Unlike other slip and fall parking lot settlements, fault does NOT need to be proven. However, if another party is found negligent for causing your injuries, such as a property manager, it will not be considered workers’ comp, even if the accident happened during work hours. This is called a third-party claim and requires fault to be proven.
There may be limitations to the compensation you can receive in a workers’ comp case compared to a third-party claim. For example, pain and suffering cannot be included with the former but may be allowed with a third-party claim. Slip and fall at work settlements generally range from $10,000 to $50,000, depending on the injury severity and other factors.
Other Slip and Fall Accidents
Falls result in over 8 million emergency room visits yearly (23.1% of all ER visits), with more than one million people arriving for slip-and-fall injuries. That comes to roughly 2,000 per day, or 12% of total falls. Not all of them occur in a parking lot or at work. Some happen at parks, while using an escalator, or even at a swimming pool. The other five most common incident types, that result in slip and fall injury settlement amounts are:
- Wet floor slip-and-falls: Caused by spills from liquids like water, oil, or grease and improper cleaning.
- Loose mat or rug slip-and-falls: Caused by mats or rugs being improperly fastened to the floor, leading to lost balance and injury.
- Ice slip-and-falls: Caused by a property owner’s failure to apply de-icing materials and remove an accumulation. (Recommended to take short, slow steps and assume all wet, dark areas are ice in appropriate weather conditions).
- Loose floorboard slip-and-falls: Caused by gaps between boards, improperly secured boards, or sudden changes in floor height.
- Broken step slip-and-falls: Caused by someone’s failure to properly maintain stairs or a delay in fixing a broken step.
Who Can Be Held Responsible for a Slip-and-Fall in a Parking Lot?
Remember that patience is a virtue, and you’ll probably need it throughout this process. The average slip and fall settlement takes time as multiple steps are involved. The first step involves determining the responsible party by examining the building’s ownership. The law requires owners to keep their premises safe for visitors by maintaining sidewalks, driveways, and parking lots. They must warn visitors of any potential hazards and address them as soon as possible.
To file an insurance claim or win a premises liability parking lot slip-and-fall case (if it goes to court), we have to prove that the property owner was responsible for lot maintenance, was aware of the hazardous conditions or should have been aware of a hazardous condition, and failed to address the condition within a reasonable time frame. If you’ve fallen in a business’s parking lot, the business may be the at-fault party; however, if another company or individual owns the lot, they would have parking lot liability. Potential at-fault parties include:
- The owner: The owner of a business must keep the parking lot and walkway well-maintained. When hazardous conditions are not addressed or precautionary measures are not taken to inform guests of a risk, the owner is likely responsible for compensating a victim unless a property management company was also not doing its job of maintaining the property, as well.
- Operators of a business: Individuals leasing the property for a restaurant, store, or other company might be held liable if their lease mandates them to maintain and repair the parking lot.
- Apartment complex: The landlord is generally responsible for maintaining the parking lot as a common area for all tenants and guests. They could be held liable if they overlook a hazardous condition.
- Government entity: If a city or other governmental entity is responsible for maintaining a public parking lot or walkway, they may be liable for paying you compensation. However, governments are somewhat protected against lawsuits and may require special procedures to pursue compensation.
Slip-and-fall cases can be complex due to the array of potential responsible parties. To guarantee your rights are protected and to secure the maximum slip and fall accidents settlement amount, it’s essential to work with a highly qualified attorney like those at Montlick.
What to Do After a Parking Lot Slip-and-Fall
Documenting the scene after an accident is one of the most critical steps to ensuring you receive fair compensation. The evidence you document immediately after the accident is crucial to our ability to build a strong case. Be sure to:
- Take photos and videos of what caused your fall.
- Notify the property owner, manager, or supervisor on duty immediately.
- Get the contact information of anyone who saw the fall.
- Seek medical attention as an injury could be invisible to the eye even if you feel fine.
- Ask for a copy of the incident report.
- Maintain detailed records of communications with the property owner, insurance company, and your doctor.
- Contact a Montlick personal injury attorney ASAP to review your case.
Average Settlement Amounts for Parking Lot Slip-and-Falls
The NSC released a study revealing that the average cost of a slip-and-fall accident ranges between $30,000 and $40,000. While it’s true that no two cases are the same, and we can’t promise that you’ll receive the same compensation as our past clients, we can guarantee that we’ll work relentlessly to get you the maximum amount. To get an understanding of what you may receive, review our previous winnings:
- $200k, premises liability and workers compensation
- $200k, premises liability
- $200k, premises liability
- $110k, slip-and-fall
- $108k, premises liability
- $100k, slip-and-fall
Factors Influencing Slip and Fall Settlements
Slip and fall cases settlement amounts will take into account:
- Medical costs (including doctor’s visits, hospital bills, emergency room, prescriptions, surgeries, and more).
- Loss of income (if you’ve missed work, loss of earning capacity if you cannot return to the same line of work, and earn the same living as before).
- Pain and suffering.
- Permanent disability.
- Available insurance coverage.
- The at-fault party’s assets.
- Whether or not you may share fault (comparative negligence).
Comparative Negligence
If the other involved party’s representation argues that you were partially or entirely at-fault for the slip-and-fall, it could affect what you receive, also known as comparative negligence. Comparative negligence means that if you’re found partially at-fault for the accident, your restitution may be reduced. For example, if you were 25% responsible for the fall, the total amount you’re owed will be cut by that same percent.
How Montlick Can Help You
If you’re involved in a slip-and-fall parking lot liability case, contact a personal injury attorney from Montlick who can ensure your rights are upheld. Depending on the circumstance of your accident, you could be entitled to compensation. An experienced lawyer from our team will push back against insurance adjusters who may try to deny or minimize your claim. Under no circumstances should you sign their documents or provide a recorded statement. While they may seem friendly initially, remember to never speak with them without your legal representation being present.
Common tactics adjusters may attempt to use to trick you into a poor offer include:
- Presenting a lowball settlement.
- Arguing that you were at fault for the accident.
- Questioning the severity of your injuries.
Our Process
Investigating the accident
To win a slip-and-fall case, we’ve got to demonstrate that the property owner was at fault and is liable for your injuries. This can be challenging independently, but it becomes easier with an experienced lawyer. We’ll thoroughly investigate to establish that the property owner was responsible for taking care of the hazardous condition, and failed.
Collecting evidence
That documentation you did? This is where it comes in handy. One of our attorneys will collect the evidence you have, including witness contact information and notes on how the accident occurred. We’ll investigate further to gather video surveillance footage and the accident report.
Establishing Negligence
Proving negligence requires showing that the property owner did not maintain a safe environment. Montlick will use legal precedents and the evidence gathered to build an unshakeable case.
Evaluating your claim
There are various types of damages available in a slip and fall claim. Some damages, like medical expenses, are straightforward to calculate. Others, such as pain and suffering, are more complex. We know the best way to thoroughly evaluate your claim to ensure you receive all the compensation you deserve.
Dealing with the insurance company
Like we’ve already said, insurance companies are not your allies. The opposing insurance company will aim to limit or deny you full compensation. They don’t care how badly you were injured– only about protecting their profits. Montlick, however, does care. We’ll stop them in their tracks and hold them accountable for providing a fair payout.
Representing You in Court
Montlick is poised to represent you in the courtroom if a slip and fall settlement can’t be reached. An attorney who understands the litigation process’s ins and outs, specifically for premises liability cases, is invaluable. One of ours will fight to protect your rights while effectively presenting your case.
Montlick Law: Minimizing Back & Forth, Maximizing Settlements
Slip-and-fall parking lot accidents can be traumatizing and lead to a tangled web of legal ramifications. You need legal assistance to emerge from the accident and potential court case as well-off as possible. Montlick’s highly-experienced and extremely knowledgeable team of attorneys are the ideal choice for your representation.
For many years we’ve made it our mission to protect our clients and their well-being. From the initial consultation, to the investigation, settlement negotiations, and possible time in the courtroom, we’ll demonstrate what compassionate, comprehensive representation looks like. We promise never to back down from a fight if you promise to focus on healing and leave the legal worries to us.
Call us today if you or someone you love has been involved in a slip and fall in a parking lot. You’re guaranteed to speak to a real person, not a robot. We’ll schedule your consultation from that call and start thinking about how to win slip and fall compensation.
Frequently Asked Questions
Need a few simple questions answered before deciding what to do about your slip-and-fall accident? Take a look at the most common questions we’ve encountered below.
Can You Sue for a Slip-and-Fall in a Parking Lot?
If you’ve been involved in a slip-and-fall accident in a parking lot, you can sue and may be able to receive compensation. If your fall resulted from a business failing to clean or maintain its parking lot properly, it is considered a premises liability case under GA Code § 51-3-1.
If I fall in a parking lot, who is responsible?
If you fall in a parking lot, who’s responsible may not be clear cut. It may be that the business on the lot is responsible; however, if another company owns the lot and just uses it, that business may be at fault. Potentially responsible parties for parking lot slip-and-falls may include the property owner, business operator/space renter, landlord, or a government entity.
Can you sue for slipping on ice in a parking lot?
A business has a duty to warn visitors of potential risks, including ice in parking lots, and address them as soon as possible. If they fail to do so and, as a result, you are injured, you may be able to pursue a slip and fall on ice settlement amounts.
How do I know when I have a case?
You can sue for a slip-and-fall accident in a parking lot if you were injured to the point that you required medical attention and incurred financial damages (such as medical bills and lost wages).
