DC Slip and Fall in a Parking Lot

Slip and fall accidents in parking lots are surprisingly common in Washington, D.C., often resulting in serious injuries and disruption to your life. However, slip and falls in parking lots are not always simple cases. Whereas in a car accident case, it is the tortfeasor who strikes you. In a DC slip and fall case in a parking lot or parking garage, you are the one walking into a hazardous condition. This can be a problem due to the contributory negligence defense. This is a complete defense that defeats your right to recovery. If a judge or jury determines that you are even 1% negligent in causing your injury, you cannot succeed in a personal injury lawsuit. But just because you walk into a hazardous parking lot does not mean you share any blame.

It is possible that you walked into a dark portion of the parking lot at night on your way to your car. That is something a reasonably prudent person does. However, maybe you could not see precisely where you were walking. If the parking lot owner breaches a duty to maintain reasonably safe premises, they are liable for your fall injury. But it is not just a dark part of the parking lot that is a source of negligence. Below, we discuss the most common causes of parking lot slip and fall accidents. We also analyze the types of injuries you are likely to experience, who is liable, and what steps to take to preserve your right to make a claim. Our DC slip and fall lawyers have resolved hundreds of these cases. Over our rich 70-year history, we know how to evaluate your claim and maximize your recovery.

Common Causes of Parking Lot Slip and Fall Accidents

There are countless causes of parking lot slip and fall accidents. However, not all of these common causes are compensable. The most common, compensable cause of action for a DC slip and fall in a parking lot is uneven pavement. However, that typically must be in conjunction with something else. The reason for this is the contributory negligence defense, as discussed above. Suppose that you walk over uneven pavement and injure yourself. The defense may argue that you were negligent in walking over that pavement, knowing there was an increased risk of injury. They may be correct in that supposition. However, if you take uneven pavement in conjunction with another common cause of parking lot slip and falls, like inadequate lighting, you circumvent the defense. It is not negligent to walk on uneven pavement if you cannot see that it is uneven.

Fortunately, the law does not impose a duty to take a flashlight with you while walking through a dark parking lot or garage. Inadequate lighting by itself can be a cause of action. Even if the pavement is smooth, you can still trip and fall over a bump on the ground. If we litigate this case, we may have to hire expert witnesses to testify as to an adequate amount of light. This is when taking pictures of the accident scene is vital. Remember that the defendant can repair the lights after your injury, which is inadmissible evidence. This is known as a subsequent remedial measure, which is inadmissible as a matter of public policy.

Beyond the two most common causes discussed here, below is a list of more causes of parking lot slip and fall accidents:

• Ice
• Snow
• Water hazards
• Oil spills
• Debris
• Cluttered walkways

Types of Injuries from Parking Lot Falls

There is a near-limitless number of injuries you may suffer in a DC slip and fall in a parking lot. You can suffer a head injury, concussion, skull fracture, sprain, strain, back, shoulder, wrist, ankle, or some other common injury. The extent of your injury dictates the value of your case. For example, if you only suffer a sprain, strain, or soreness from falling, your case may not be worth pursuing. This is because we have to consider any litigation costs.

Meanwhile, if your injury is severe, you may require months or even years of treatment before we resolve your case. We do not want to resolve your case prematurely. There are instances where a fall victim fractures a hip and is unable to work. Due to the need to pay bills and lack of income, you may be hungry to resolve the case as quickly as possible. However, doing so can get you far less in your pocket than your case may ultimately be worth.

Who is Liable for Parking Lot Accidents?

Determining liability in a parking lot slip and fall accident involves identifying the party responsible for maintaining the property. In some cases, we may have a claim against the Washington, DC, government. This will depend on whether the DC government owns the parking lot or garage. In select cases, we can name the DC government as a second defendant jointly and severally liable for your injuries if they should supply lighting that would affect the parking lot but is out. For commercial parking lots, businesses renting the space may also share responsibility if they neglect to address hazards reported by customers. In some instances, liability may fall on third-party maintenance companies contracted to manage the property.

Steps to Take After a Slip and Fall in a Parking Lot

1. Ensure your safety. This is always the first step. It does not matter if you are in a car accident, shot at a concert, or slip and fall in a grocery store. If you are seriously injured, your priority needs to be rushing to the hospital.
2. Report the incident to a manager or owner. Unfortunately, this is not always possible. However, if you see a parking attendant, inform them of the accident and the hazardous condition. This is important for a few reasons. First, if the police do not come, it creates a record of the incident. Second, the attendant may let it slip that he had meant to get that spot repaired or that a repair is scheduled. If they admit this, it informs you that they were on notice of the hazardous condition. This satisfies one element of negligence, and we are one step closer to winning your case. Thirdly, it protects future potential victims from injuring themselves the way you did, officially putting the defendant on notice if they were not already.
3. Collect evidence. This includes reporting the incident to the police. While they often do not come for less severe accidents, they may come if your injury is particularly bad.
4. Seek medical attention. Even if you are not seriously injured, you should seek medical attention if you are injured. If you are not injured, it never hurts to see a doctor. But if you are hurt, getting evaluated by a professional is imperative. Moreover, this will create a medical record that helps for your case.
5. Speak to an attorney. An attorney at Gelb & Gelb will discuss your fall and the next steps you can take.

Call Gelb & Gelb

An attorney at Gelb & Gelb will advise you on the next steps to preserve your legal right to make a claim in court and how to maximize your compensation.

We offer free consultations to all prospective clients at (202) 331-7227.