A lot of slip and fall accidents occur in the parking lots. Determining liability in such cases is not straightforward. A lot of different factors determine liability in parking lot trip and fall accidents. Understanding the factors that determine liability for parking lot slip and fall injuries is important to get compensation from the at-fault party.
In this blog post, you will learn to find out how liability is determined for slip and fall accidents in the parking lot. Moreover, you will learn about some tips to successfully file a parking lot trip and fall injury lawsuit.
An expert slip and fall injury attorney will look at different factors to determine liability. Let’s take a look at the common factors that determine how you can get the at-fault party to pay compensation for the slip and fall injuries.
In most cases, the owner of the parking lot is responsible for trip and fall accidents. But there are certain situations where the property owner is not responsible. This is the case when an employee of a company that has rented a parking space gets injured while ‘on duty’ due to a trip and fall accident. In this case, the employer will be liable for the injuries. The worker should file a worker compensation claim to get compensation for the losses.
The liability in a parking lot slip and fall accident case depends on who is injured in a slip and fall accident. In case, an employee is injured at the parking place, the worker compensation claim should be filed. On the other hand, a guest or customer who sustains a slip and fall accident has to file personal injury claim.
Another important factor that determines liability at a parking lot is the status of the employee injured at a company’s parking lot. If the employee was a contractor or self-employed, the worker compensation laws will not be applicable. These employees need to file a slip and fall injury lawsuit to receive compensation for injuries.
An important rule that determines liability in a slip and fall accident case is the ‘coming and going rule’. As per this rule, an employee will not be paid from the worker’s compensation if he or she was not performing the work-related task at the parking lot. The employee can sue the employer to receive compensation for the injuries.
An experienced slip and fall injury attorney will offer you expert advice to determine liability. Make sure that you hire an attorney with years of experience in handling trip and fall accident cases.
Getting the help of an attorney will help you in making a successful claim against the guilty party. You will know about the legal requirements including the proper format of the court documents and the deadlines. The help of a professional slip and fall injury attorney will help increase the chances of a successful court outcome.
