Who Pays After a Fall in a Parking Lot Pothole?

Typically, the party who pays after a fall in a parking lot pothole is the owner or property manager. This may be a private owner, business, management company, or local municipality.

You need to prove the responsible entity had knowledge of the pothole and still failed to fix it or post warnings.

In many cases, multiple parties can be simultaneously liable for a parking lot pothole accident. You can talk to a New York slip and fall accident lawyer from Shulman & Hill to discuss options for your compensation.

Injuries From Potholes

Potholes are a pervasive problem in New York, especially during the spring months. Potholes form when moisture under the asphalt freezes and cracks the pavement, leaving behind a hole when the water drains.

Potholes range in dimensions from the size of a fist to several feet deep. In parking lots, potholes are a major cause of injury to both drivers and pedestrians.

Pedestrians can trip over holes and fall, suffering several serious injuries, such as:

• Scrapes, abrasions, and cuts
• Bruising and soft-tissue injuries
• Face, mouth, and dental injuries
• Hand injuries and sprained wrists
• Foot, ankle, and leg injuries
• Fractures and broken bones
• Head injuries and concussions
• Spinal cord injuries

Liability for Pothole Accidents in Parking Lots

In most cases, after a pothole accident, you’d file a personal injury claim against whatever entity was responsible for inspecting and maintaining the parking lot.

This responsibility stems from the doctrine of premises liability, which is the idea that property owners have a legal duty to reduce the risk of injuries to guests on their properties.

Parking Lot Owner

Parking lot owners are the primary responsible party when parking lot accidents happen. In most cases, these are business owners, who have a duty to inspect their properties for hazards that could harm guests.

Property Manager

Shared parking lots in places like strip malls are typically managed by a property management company. These companies are responsible for maintaining their lots, just like individual private owners.

Local Municipality

For public parking lots, the local governmental municipality would be the responsible entity. Municipalities are generally responsible for the design and maintenance of roads and other public infrastructure.

Proving Negligence and Liability in Pothole Accident Cases

In general, to recover compensation in a premises liability lawsuit, you need to show three things:

1. The property owner/manager knew about the hazard.
2. The property owner/manager failed to fix the hazard or post a warning.
3. The hazard in question caused your injuries.

Evidence that can prove the owner knew about the pothole includes surveillance footage, eyewitness testimony, and previous complaints or reports.

While private property owners can be held liable under constructive notice if they should have known about the pothole, municipalities generally require prior written notice of the defect or proof that they affirmatively created it.

A lawyer from Shulman & Hill can investigate the accident and look for instances of negligence that contributed to your injuries.

Damages You Can Get After a Pothole Injury

Depending on your accident and injury circumstances, you can recover the following types of losses in a personal injury lawsuit for a parking lot pothole injury:

• The cost of emergency medical treatment
• Future medical expenses (e.g., follow-up care, prescriptions, medical devices)
• Lost income from missing work
• Lost employment benefits due to absence (e.g., contributions, accruals, etc.)
• Reductions in your earning capacity
• Pain and suffering and emotional distress

A personal injury lawyer from Shulman & Hill can help you calculate your losses and track expenses so you can demand an adequate claim amount.

How Long Do I Have to Sue for Injuries Due to a Parking Lot Pothole?

In most cases, you have three years to sue liable parties for injuries from a parking lot pothole. The timer starts counting on the date you sustained your injuries, so you need to get medical attention to establish an appropriate timeline. If more than three years pass, you won’t be able to file a lawsuit anymore.

Three years sounds like a significant amount of time, but that doesn’t mean you should wait to get started. By talking to an attorney from Shulman & Hill early, you can get a head start and lower the risk of payment delays or complications.

Different Rules When Suing the Government for Parking Lot Accidents

Note that special rules exist if you are suing a government agency for injuries. You must first file a notice of claim with the relevant agency within 90 days of the accident.

You must wait at least 30 days after serving the notice of claim before filing a lawsuit, and the lawsuit itself must be filed within one year and 90 days of the date of the accident. If you miss the initial filing notice, you won’t be able to recover financial compensation.

Contact a Slip and Fall Accident Lawyer in New York

Do you have any more questions about liability for parking lot pothole accidents? If so, contact the team at Shulman & Hill online or call us to schedule a case consultation with a New York personal injury lawyer.