Common causes of parking garage and lot injuries
- Slip and falls are the most common causes of parking garage and parking lot injuries. In particular, snow and ice is a major cause of parking garage and parking lot injuries. A property owner typically has a reasonable period of time after a snow storm to treat the premises and remove snow and ice. This duty is nondelegable. This means that if the owner of a parking lot or garage outsources snow removal, it is still liable if the snow removal contractor negligently performs the job. In practice, both the snow removal contractor and the owner of the property i.e. parking lot or garage will be sued if you fall due to snow and ice. Other causes include: uneven pavement, potholes, greasy pavement, and poorly illuminated areas. In Massachusetts, a property owner has a legal duty to keep its premises reasonably safe at all times. This duty is breached when a property owner fails to adequately remove snow and ice from its premises, and fails to fill any potholes, adequately light an area, or highlight any speed bumps which may present a tripping hazard. This breach of duty constitutes negligence. When negligence can be proven, the at fault party is liable to you for your injuries.
- Physical and Sexual Assault are unfortunately also common in parking garages and lots. Often times a lack of security guards, security cameras, or insufficient lighting can create an environment conducive to unlawful conduct. In these cases, any past issues with physical or sexual assaults in the area are useful to prove that this conduct was foreseeable, and that the parking garage/lot owners and operators were negligent in preventing this harm.
- Pedestrian Accident: This may be caused by a poor traffic pattern design or other defects in the layout or structure of the parking garage or lot.
Why should I hire Attorney Jason S. Kane?
https://www.jasonkanelaw.com/why-choose-us/
Over 22 years experience in handling parking garage and parking lot injury cases in Massachusetts
- You can call, text, or email, 24/7.
- I offer you a free (no obligation) consultation.
- You can easily complete all paperwork electronically.
- I do not charge any legal fees unless you receive a settlement or award.
- I return all phone calls, emails, and texts as soon as possible.
- I know all the different tricks the dog owner and his insurance company adjustors will try to use to offer you less money than you deserve.
What to do after being injured in a parking garage or lot
After being injured in a parking garage or lot you need to:
- Seek immediate medical attention– Your first priority after any injury should be to make sure that you are physically alright. You will need to go to a hospital to treat your injuries.
- Call 911 if injured, the local police department if assaulted, and file an incident report with any employees of the parking garage or lot.
- Get the names of any witnesses– Having the identity of witnesses can help to corroborate your side of the story. I have seen many cases where the property owner will claim that the injured victim was not hurt, or feigned their injuries.
- Take photos of the location where you were injured– A picture tells a thousand words. Photos help your cases in so many ways. Most likely your physical injuries will heal over time. Taking initial photos of the injuries help the insurance company to understand how bad the initial trauma of the injuries was.
- Look for security cameras: If there are security cameras in the area where you fell, the evidence will need to be preserved. I will send a spoliation of evidence letter to the property owner demanding that all video evidence is preserved. Once the footage is destroyed, your case is greatly compromised.
- Call or text me at: 1-866-764-6060 https://www.jasonkanelaw.com/about-us/
What type of compensation am I entitled to after being injured in a parking garage or lot?
No lawyer can accurately tell you up front what the value of your parking garage/parking lot case is worth. Unfortunately, many insurance companies deny liability and slip and fall cases, and many juries rule in favor of the defendants in these cases. Bottom line, is there is no automatic liability in slip and fall cases, and no guarantee of success. However, an experienced slip and fall lawyer can gather evidence, retain experts, and take the necessary steps to put your case in a position where you are most likely to win.
Similarly, sexual assault and physical assault claims are difficult. Odds are that the perpetrator was not an employee of the company operating the parking garage or lot. You must show that there was actual or constructive notice of the likelihood of this type of assault taking place and negligence on the party of the garage/lot owner in preventing it.
Generally speaking, here are some factors which juries and insurance companies look at when valuing your case:
Liability: Liability refers to how likely it is that the property owner will be held liable for your injuries. This is determined by many factors, including: did the property owner have notice of the defect? Notice can be actual (the property owner knew of the defect and did nothing to correct it), or it can be constructive (the property owner should have known about the defect). Another factor is whether there was a violation of any building codes. Often times I hire experts that will write up reports that detail how any violation of state, local, or federal codes contributed to your fall. These reports are crucial is showing that a property owner was negligent in maintaining the property. One of the most important factors in determining a property owner’s liability is the extent to which you contributed to the fall. There are many ways in which a fall could be partially your fault. For example, let’s say you fell on snow and ice, but were wearing slippers or flip flops. Most judges, juries, and insurance companies would find you at fault for your injuries because the footwear was not reasonable for the weather conditions. Massachusetts follows the modified comparative negligence standard. Under this standard, you will not recover from the defendant property owner if you are more than 50% responsible for the fall. If you are less than 50% responsible to the fall, then the property owner will only be responsible to you for their proportionate fault. For example, if a jury finds that your slip and fall case in worth $200,000, and you were 51 percent at fault, you will receive nothing. If a jury awards $200,000 and you are 20 percent at fault, then you receive $200,000 x 80% or $160,000.
- Pain and Suffering: Pain and suffering is a gray area, and is determined by how long you treated for, will future treatments be needed?, what was the diagnosis, will you have any permanency to your injury?
- Lost Wages: Did you lose time from work due to the fall? Will you lose more time from work in the future? if you are unable to work after your fall, you should get a work release note from a physician authorizing your absence. Without such work release note, the insurance company may deny your claim for lost wages.
- Medical Bills: Your present and future medical bills are one of the criteria that is used in evaluating your case.
- Disfigurement: Compensation is available for any scarring that results from your slip and fall accident. many slip and fall cases result in orthopedic injuries and surgery. These surgeries often result in scarring. The value of the scar is determined by: the location, your gender, your age, and the size of the scar.
- Emotional Distress: This can be a big value an assault case. Notes from therapists are vitally important in these types of cases.
What is the statute of limitations for parking garage and lot injuries?
In Massachusetts you generally have three years from the date of the injury to file a lawsuit. After that time period you will no longer be able to bring a suit. The statute of limitations can be extended to 21 years old if a child is injured. Please note: if the fall was due to snow and ice then there is another statute to be aware of. Under Massachusetts General Laws Chapter 84 Section 21, a person must notify the owner of private property of snow and ice related injuries within 30 days. Failure to do so may result in your case being dismissed from court.
How much do lawyers charge in parking garage/lot negligence cases?
I do not charge any fee unless I am able to reach a settlement with the insurance company or defendant in your slip and fall or assault case. No fee unless successful! I front all expenses in your case. These expenses could be in the thousands, between court costs, medical records, expert witnesses, etc. if a settlement is reached, my fee is 1/3 plus expenses. This is typical of what personal injury lawyers charge in Massachusetts.
Work related parking lot/garage injuries
Most people understand that work related injuries are compensable under the worker’s compensation statute. Basically, you can collect lost wages, medical bills, and other compensation from your employer’s worker’s compensation insurance company. However, if you slip and fall while working, and in a parking lot/garage, you may also be entitled to compensation from any third parties that caused your injuries. For example, if you are in the course of your employment and fall in a parking lot or garage, you can collect worker’s compensation benefits and pursue a claim against the property owner. When your case against the property owner settles, you will have to reimburse the worker’s compensation insurance company for benefits that it paid to you.
About me:
I graduated Providence College in 1997, have an MBA from Suffolk University, and a law degree from Hofstra University School of Law. I am licensed to practice law in Connecticut, Massachusetts, Michigan, New Hampshire, New York, and Pennsylvania. I have been practicing law since 2002 and work tirelessly representing victims of personal injury. I have recovered millions of dollars for victims of parking garage/lot injuries. I look forward to representing you and your family!
Jason S. Kane, Esq.
www.jasonkanelaw.com
1-866-764-6060 (Call 24/7)