Slip and Fall Accidents in Parking Lots
New Jersey winters often bring inclement weather, snow, and ice storms can result in slippery roadways and pavement. It is not surprising, then, that slip and fall accidents in parking lots occur frequently. Falls can cause fractures, brain injuries, and other significant trauma, and many people hurt in falls in parking lots can recover damages from the party that owns the property or has provided maintenance services. If you suffered harm in a slip and fall accident in a snowy or icy parking lot, it is prudent to meet with a lawyer to discuss your potential claims. Attorney Howard Leopold of Leopold Law, L.L.C. is a proficient Bergen County premises liability lawyer dedicated to helping people injured by the negligence of others in the pursuit of justice, and if you engage his services, he will fight to help you protect your interests. Mr. Leopold helps people pursue damages for slip and fall accidents in Bergen County and other cities throughout New Jersey and New York.Conditions That Lead to Slip and Fall Accidents in Parking Lots
Typically, snow and ice cause slip and fall accidents in parking lots. In other words, if a property owner or maintenance person fails to properly shovel or salt their lot following a storm, it can lead to unsafe conditions. Similarly, if portions of the snow melts and then refreezes, it can lead to ridges of ice that are slippery and difficult to walk across. In some instances, design flaws will result in water accumulating in certain areas of the lot and then freezing during the winter, creating hazards. Slip and fall accidents in parking lots often cause fractures, torn ligaments and tendons, soft tissue injuries, and contusions. In some instances, they can lead to brain trauma. People hurt in slip and fall accidents often develop mental health issues due to the accident as well.Elements of Lawsuits Arising Out of Slip and Fall Accidents in Parking Lots
People involved in slip and fall accidents in parking lots frequently sustain significant harm. As such, they wish to pursue claims for damages against the parties responsible for maintaining the lots in premises liability lawsuits. Typically, the defendant in a slip and fall case is the owner or person in charge of maintenance of the property where the fall occurred.
Generally, a plaintiff in a slip and fall case has to prove the defendant’s negligence to recover damages. In New Jersey, negligence is comprised of four elements, and a plaintiff must prove each element to establish fault. The first element is a duty owed by the defendant to the plaintiff, and the second element is a breach of that duty. The third and fourth elements, damages and causation, are linked to one another and the first two elements. In other words, the plaintiff must establish that the defendant’s breach of the duty owed proximately caused the plaintiff to suffer quantifiable losses. Put another way, that the plaintiff would not have suffered harm but for the defendant’s breach.
The specific duty the defendant owes depends on numerous factors, including the nature of the property and the plaintiff’s reason for visiting the premises. Notably, in cases involving slip and fall accidents in parking lots caused by snow or ice, the New Jersey courts have held that, with some exceptions, property owners do not have an obligation to remove ice or snow from their property during an ongoing storm. Instead, they can wait until a reasonable time after the storm has ended. As such, a plaintiff that fell on snow and ice during an active storm will likely have to prove that an exception applies to recover damages.Contact a Trusted Bergen County Attorney Today
Property owners must prevent visitors from suffering harm, which includes properly maintaining their parking lots. If you were hurt in a slip and fall accident in a parking lot, you should contact a lawyer to evaluate what damages you may be owed. Howard Leopold of Leopold Law, L.L.C. is a trusted Bergen County attorney with the skills and experience needed to obtain favorable results, and if he represents you, he will advocate zealously on your behalf. Mr. Leopold has offices in Hackensack and New York City, and he frequently helps injured people pursue premises liability claims in Bergen County and cities throughout Hudson, Passaic, and Essex Counties in New Jersey and Bronx, Richmon, Kings, New York, Queens, and Rockland Counties in New York. You can reach him via the online form or at his New Jersey office at (201) 345-5907 or his New York office at (646) 650-2106 to set up a confidential and free consultation.