Is it possible to sue after slipping on black ice in a store’s parking lot?
Filing a Claim After a Slip and Fall Accident
Many people will slip and fall at some point in their lives. When a slip and fall does happen, it usually causes a few scrapes or small bruises but is generally not that big of a deal. Unfortunately, some falls are a lot more serious. If a person lands the wrong way on the ground they could break bones, suffer a concussion, and even end up with other serious injuries. Litigation is often necessary when the injuries from a slip and fall accident are serious enough to require significant medical attention and/or surgical intervention.
Understanding the Duty of Care
When a slip occurs in the parking lot of a store, it may be possible for the victim of the accident to file a lawsuit against the store and/or the owner of the parking lot. The reason that a lawsuit is often viable is due to the duty of care that is owed to the shoppers who will park their vehicles in the lot before getting out and going into the store. The law states that business owners do owe a duty of care to their customers and the public. They should provide a safe place for consumers to shop and move around safely. Not paying attention to hazardous conditions outside, such as black ice, can easily cause a breach of that duty of care that is owed to the public when they are in the parking lot.
Was a Reasonable Amount of Care Provided?
The success of a lawsuit depends on the reasonable amount of care provided. For example, video surveillance may show that the business owner did take measures to keep the parking lot free of ice and snow. However, the black ice may have developed when the business was closed and the business owner was unable to get there to take care of it due to dangerous weather conditions. When something like this happens, it is often more of a challenge for an injured victim to receive any type of compensation from the business owner and the insurance company that they are working with.
How to Determine If Negligence Occurred
Negligence is determined by the duty of care owed. When there is no duty of care, there is no negligence, and that means there is no lawsuit. However, if a duty of care is owed, the victim must prove that the duty of care was breached and that the business owner was negligent in providing a safe space for the consumers, which ultimately put the consumers at risk and caused this slip and fall accident to happen.
Many factors are considered during personal injury cases for slip and fall accidents. A jury is going to want to know how the business owner was negligent and what types of injuries were sustained by the victim. It helps the jury determine the value of the case and the amount of compensation that should be provided to the victim for damages, along with pain and suffering. It is possible to file a lawsuit after slipping on ice in a store parking lot or sidewalk, and you should consult with an attorney to discuss all of your options.
Contact a Clark Personal Injury Lawyer to Discuss Your Slip and Fall Case in New Jersey
Did you or a loved one sustain serious injuries due to a slip and fall in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Team Law represent clients injured because of a slip and fall in West New York, Perth Amboy, Summit, Newark, and throughout New Jersey. Call 1-800-832-6529 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 136 Central Avenue in Clark, NJ 07066 as well as offices in West New York, Perth Amboy, Edison, Summit, Newark, New Brunswick, Orange, Plainfield, Jersey City, Highland Park, and Union City. Check out our other slip and fall blogs: “Be Wary Of Any Settlement Offers After A Slip & Fall” and “Elements To Prove In A Slip And Fall Case“.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.