Slip and fall accidents in a parking lot can lead to serious injuries. If your fall in Pennsylvania was caused by a hazard or defect on the ground, you could have a slip and fall claim against one or more parties. An experienced Pennsylvania slip and fall attorney can help determine who, if anyone, was at fault for your fall and hold the responsible party accountable for the injuries you suffered.
Understanding Premises Liability in Pennsylvania Parking Lot Accidents
First, your attorney will have to determine what your legal status was while on the parking lot, meaning whether you were an invitee, licensee, or trespasser on the property.
If you are a trespasser, it can be difficult to bring a claim because you must show willful or wanton misconduct on the part of the property owner. An invitee is a person invited onto someone’s property to engage in social activities, perform work, or shop at a business. For example, if this is a parking lot for a store and you parked there in order to shop, you would be considered a business invitee. Invitees are owed the highest level of care.
A licensee falls between a trespasser and an invitee, where your presence on the property is tolerated even though you were not specifically invited onto it. In this scenario, the property owner may be liable if you had no reason to know of the condition that caused your fall, the landowner knew of the condition and that it involved an unreasonable risk of harm, and the property owner failed to use reasonable care to either make the condition safe or warn of the condition.
How to Prove Liability in a Pennsylvania Slip and Fall Case
Your attorney will also have to confirm that your fall was caused by a defect or hazard on the ground. This can be done through video evidence if the parking lot has cameras. It can also be shown through photographs you or anyone with you took of the hazard.
If you were able to report the fall to a parking lot attendant or the business responsible for the parking lot, they may investigate the area and document the hazard. There may also be witnesses who saw your fall and can testify about the condition that caused it.
Another factor in your case is whether notice of the hazard had to be given to the party responsible for managing the parking lot and, if so, whether notice was provided.
If the hazard that caused your fall was created by the party responsible for managing the parking lot, you do not need to prove notice because that party created the dangerous condition. If the hazard was created by an independent third party, such as another shopper, you generally must prove the entity managing the parking lot had notice of the hazard.
There are two types of notice: direct notice and constructive notice. Direct notice is evidence that someone reported the hazard to the entity responsible for managing the parking lot. Constructive notice is evidence that the hazard existed long enough that it should have been discovered and addressed through reasonable inspections.
Pennsylvania Snow and Ice Slip and Fall Claims
If your fall was caused by snow and ice, Pennsylvania’s hills and ridges doctrine could apply to your case. Under this doctrine, you generally must show that:
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Snow or ice accumulated into ridges or elevations that made the property dangerous to walk on;
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The property owner knew or should have known about the condition;
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The condition remained unaddressed for an unreasonable period of time; and
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The snow and ice caused your fall.
However, the hills and ridges doctrine may not apply if the ice did not form through a natural snowfall.
For example, if someone spilled liquid on the ground during freezing temperatures and ice formed, the doctrine may not apply. Likewise, if ice forms because of a defective roof, gutter system, or drainage issue that causes water to drip and refreeze, the doctrine may not apply.
When ice forms because of the active negligence of the company responsible for maintaining the parking lot, you generally do not have to prove notice. If the company had nothing to do with the formation of the ice, you may still need to establish notice.
Who Can Be Held Responsible for a Parking Lot Slip and Fall Accident?
When you suffer a slip and fall injury in a parking lot, the responsible party could be the business that owns and manages the parking lot. It could also be an independent company that owns the land or manages the parking area.
If you slipped and fell on snow or ice, the snow removal contractor hired to maintain the property may also be responsible. An experienced attorney can investigate the circumstances of your fall and determine all potentially liable parties.
You will also have to prove your injuries through medical evidence. This includes medical records, reports from your treating physicians, and testimony from yourself, friends, and family members regarding how the injuries have affected your daily life.
If you lost wages because of your injuries, those damages can be supported through medical evidence showing your inability to work, as well as tax returns, pay stubs, and employment records demonstrating your normal earnings. Your attorney may also retain an economic expert to calculate future lost wages and earning capacity losses.
The Thistle Law Firm is experienced in handling Pennsylvania parking lot slip and fall claims. If you or a loved one suffered serious injuries in a Pennsylvania parking lot accident, The Thistle Law Firm is here to answer your questions. Call 215-568-6800 for a free consultation.