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Representing Clients Injured in Parking Lot Accidents in Essex County
Slipping and falling in a parking lot is never a fun experience. There are plenty of parking lots, whether public, private or government owed, for accident to happen. Depending on which type of parking lot you slip you, you will need a qualified attorney at Mark | Lavigne, LLC to represent you.
Commercial Parking Lot Accidents
Going to the mall or out to eat at a restaurant is a good experience. However, when the parking lot is dangerous and you slip and fall or trip and injury yourself, the fun stops. When a property owner is negligent in maintaining, monitoring, controlling and servicing a parking lot, resulting in your injury, you are entitled to justice and compensation.
The owner of the property is typically responsible for injuries caused by negligent maintenance of the property. However, any commercial property, which is leased to a business tenant, may be held liable if. The real issue may come down to “control” and which party controlled the maintenance of the parking lot.
In cases where snow and ice are present, the courts don’t allow for claims where the condition is a natural accumulation. Snow or ice on steps or sidewalks which accumulated due to recent weather conditions cannot be the basis for the claim. Parking lot liability, or Premises liability, is defined as the legal responsibility of a property owner and/or its tenants to occupy the property in a safe manner. There are several types of accidents that can happen in a parking lot
- Slippery or wet pavement
- Icy or snow covered pavement
- Uneven walkways
- Cracks and holes
- Construction related debris
- Improper or no signage
Slip and fall accidents can occur in various locations of a parking lot. Commercial property can include schools, libraries, department stores, restaurants, malls, grocery stores, and other public places.
Private Parking Lot Accidents
New Jersey winters bring plenty of snow and ice. Often, parking lots are not properly maintained and swept clean, and sleet, snow, and ice builds up creating a dangerous slip-and-fall hazard. Despite knowing of the snow fall, accidents still happen. When a person fails to remove the snow and ice from their driveway or sidewalk, the home owner may be liable for your injuries. Under New Jersey law, a property owner has a duty to inspect his property, but is required to shovel snow and ice, put down salt or sand on all residential properties. Several municipalities have similar requirements. Most municipalities require snow to be removed within 24 hours after the last snow fall.
Municipal Parking Lot Accidents
Slip and falls and other injuries which occur within a municipal parking lot require more stringent reporting requirements, and due to municipal immunities, are often more difficult to prove liability.
A municipality requires a Notice of Tort claim be filed under the New Jersey Tort Claims Act for any personal injury, including a slip and fall negligence injury. Additionally, pursuant to the Tort Claims Act, you have to prove that the property was a “dangerous condition” and the injury was foreseeable. Finally, you must prove that your injuries were a “permanent loss of a bodily function” and that you medical expense exceeded $3,600.
Contact us now for your immediate and free consultation
Claims against negligent parking lot owners for your injuries are not easy cases to handle, and you need an experienced, qualified attorney from Mark | Lavigne, LLC to speak to about your case. If you or a loved one is injured in a parking lot accident, call Mark | Lavigne, LLC to speak to its team at 908-460-8996 or contact us online to discuss your case during your FREE CONSULTATION.