Parking lots pose an especially high risk of slipping and falling when snow and ice are present in the winter months. If you or a loved one has fallen in a parking lot due to these conditions, the property owner or possessor may be legally responsible for your injuries. At The Cassisi Law Firm, our Queens premises liability attorneys are familiar with investigating the particular conditions and resulting legal liabilities surrounding slip and fall accidents.
For decades, we have helped victims pursue compensation from negligent property owners and others who may be at fault for their injuries. Contact us today to begin.
The people or entities that own and operate parking lots have a duty under the law to use reasonable care in maintaining a clear path for pedestrians. Snow and ice are to be removed, reducing the potential for people to slip or trip and fall. Some property owners contract with companies to provide snow and ice removal, while others perform this task themselves. A property owner that negligently removed or failed to remove snow and ice, or should have known of a danger posed by an accumulation of snow and ice, may be held liable under a negligence theory of law.
Negligence is commonly defined as a failure to act as a reasonable person would have acted under similar circumstances. In a personal injury lawsuit, a plaintiff first seeks to show that the property owner owed him or her a duty of care. Property owners have a duty to remove or otherwise address foreseeable dangers on their premises. Next, the plaintiff would show that this duty of care was breached and that the breach directly caused the accident. The plaintiff must also show that damages resulted that are reasonably quantifiable.
When people are walking in a parking lot heavy with snow and ice, it is also expected that they will use some degree of caution. A defendant that operates a parking lot may respond to a premises liability lawsuit by arguing that the victim contributed to the slip and fall by failing to be sufficiently careful. However, even if this is true, the pure comparative negligence rule in New York allows an injured person to recover a compensation award that is proportionate to any degree of fault associated with the defendant.
After a slip and fall, a victim may be able to receive compensation for medical and hospital bills, as well as documented lost wages from work. These are known as economic damages and are relatively objective costs. Accident victims may also recover non-economic damages, including the pain and suffering or emotional distress that they suffered because of the slip and fall.
At The Cassisi Law Firm, our Queens premises liability lawyers can guide victims through the process of seeking compensation after an accident. We provide personal attention to each of our clients, helping them understand their legal rights and obligations. Our slip and fall attorneys also have assisted injured individuals in the Bronx and Brooklyn, as well as Nassau and Suffolk Counties.
Contact our office by calling 718-441-5050 or using our online form to set up a free consultation.