If a property owner or manager in New York City knew of a hazardous condition on their parking lot property, or reasonably should have known about it, but failed to fix it, they typically will bear liability for parking lot slip and falls. Hazards include uneven pavement, slippery surfaces, poor lighting, and cluttered walkways.
Identifying the liable parties in a parking lot accident case requires knowing the causes of these accidents, the different parties who may owe a legal duty of care to parking lot users, and the types of evidence you can use to establish fault. Upon establishing the property owner’s liability for your fall accident injuries, you may eligible to recover compensation for your medical expenses, lost wages, pain and suffering, and other harm.
Why Do NYC Parking Lot Accident Injuries Happen?
A parking lot trip and fall accident can happen in many ways, particularly in New York City, where heavy traffic and various weather conditions cause constant congestion and wear on parking lot surfaces. Some of the most common causes of parking lot injuries that our team sees include:
- Cracked pavement and potholes
- Oil, grease, or liquid spills
- Snow and ice accumulation
- Poor drainage that leaves standing water
- Insufficient lighting concealing hazards
- Negligent design.
Under New York personal injury law, every parking lot owner is legally obligated to inspect their property and address unsafe conditions regularly. When they ignore those obligations and people get hurt, they may bear responsibility in a slip and fall claim.
Who Could Be Held Responsible in a Parking Lot Slip and Fall in NYC?
Liability in a slip and fall claim depends on who controls and maintains the property. Several parties may share blame, such as the following parties:
- Private parking lot owners – Owners must repair defects, clean up spills, remove snow and ice, and adequately warn of temporary danger to protect their customers and visitors. If they don’t, they may face liability.
- Business owners – If a business owner rents the property, they may assume maintenance responsibilities under their lease. If so, they must maintain safe premises or face liability in a personal injury claim.
- Property management companies – Some landlords hire management firms to handle maintenance and repair. When those companies skip inspections or ignore complaints, they may share liability for injuries.
- Contractors and maintenance crews – Snow-removal or landscaping companies may leave ice patches or other hazards behind, opening the door for a valid slip and fall claim if anyone gets hurt.
- Government entities – When the parking lot belongs to a municipality or government agency, responsibility for injuries falls on them. However, these claims involve special procedures and have short filing deadlines.
What Evidence Can Prove Liability in a NYC Parking Lot Slip and Fall Accident?
To recover compensation in a parking lot injury case, as in other premises liability claims, you must prove that the property owner’s negligence or another party’s negligence caused you harm or the wrongful death of a loved one. To do that, your slip and fall lawyer will likely seek the following evidence:
- Photos and videos of the hazard
- Witness interviews
- Maintenance logs and inspection records
- Prior incident reports
- Medical and financial records
- Expert testimony.
Evidence disappears fast in New York City. Surveillance systems overwrite footage, and property owners often repair hazards quickly after an accident to protect themselves. Acting swiftly after a parking lot injury allows your slip and fall attorney to preserve the proof you need.
Are Parking Lot Owners Required to Clear Snow from Their Property?
Parking lot owners in NYC must remove ice and snow within a reasonable time after a storm. If they fail, they risk liability in a personal injury claim.
Specifically, property owners and managers must:
- Shovel snow and ice promptly after storms end
- Apply salt or sand to protect against slip and falls
- Repair drains and curbs that trap melting snow
- Inspect their property for refreezing after temperature drops.
When a property owner contracts this work out to a snow-removal contractor or maintenance team, those companies must take reasonable measures to keep the premises safe. They can be held legally responsible if their work is shoddy and someone gets hurt.
What If the Slip and Fall Happens at a Parking Lot that New York City Maintains?
When a parking lot belongs to a city, such as a municipal garage or public facility, the procedure for pursuing a slip and fall claim changes. You must:
- File a Notice of Claim within 90 days of the accident
- Allow the city time to investigate before filing suit
- File the lawsuit within one year and 90 days from the accident date.
This unique procedure can make pursuing your claim challenging. However, working with an experienced municipal liability attorney can reduce stress and help you file correctly and on time.
Is There a Statute of Limitations for Filing a Parking Lot Slip and Fall Accident Claim in NYC?
Under New York law, you typically have three years from the date of the parking lot fall injury date to file a slip and fall lawsuit. Claims against government entities follow the unique Notice of Claim and shorter filing time rule described above. Missing these deadlines can bar you from recovering the compensation you deserve.
An Experienced New York City Parking Lot Accident Attorney Can Help You
Pursuing a parking lot slip and fall case can be complicated and challenging, but you don’t have to do it alone. The team at David Resnick & Associates, P.C., has been protecting the rights of New Yorkers injured in slip and fall accidents since 1998. We have a deep background in NYC premises liability law cases. Our reputation for compassionate, client-focused services and tenacious advocacy can be seen in our long list of testimonials:
“This was my first time experiencing a slip and fall injury, and I’m happy I trusted my gut to choose David Resnick & Associates, P.C. Everyone is so kind and provided me with multiple updates of my case. They assist me with physical therapy and surgery referral. They never once stopped fighting my case until it was settled with an amount I was satisfied with. I would definitely recommend to anyone that is in need of an injury lawyer!”
—Ivone Maduro
If you’re ready to pursue your claim, we’re prepared to fight for the accountability and compensation you deserve. Contact us today for your free consultation.
