Most of us don’t think about watching for potholes in parking lots. However, an unassuming pothole can easily lead to a trip and fall. Property owners in Roswell must be careful to fix or block off hazardous potholes or other trip-and-fall risks. If that doesn’t happen, you can become seriously injured.
If you were hurt because of a pothole in a parking lot, our Roswell lawyers can help. We can determine if you have a premises liability case. These claims are challenging to build and prove, but we’ll use our 20-plus years of experience to help.
At John Foy & Associates, our attorneys do not collect a fee unless we win you money. And we’ll start with a FREE consultation. To schedule your free consultation, call (404) 400-4000 or contact us online today.
The Challenge of Winning a Pothole Trip and Fall Case
Unfortunately, it’s not enough to have tripped on a pothole and suffered an injury to collect on a claim. You can say that the property owner or landowner is responsible, but without proof, it will be tough to get the compensation you need to cover your costs.
Here is an example of how the property owner or landowner might fight against your claim:
- A landowner may defend himself or herself by saying the injured person should have seen the danger.
- Under the Official Code of Georgia Annotated (OCGA) §51-11-7, injury victims do have a duty to be cautious. If it can be argued that you could have avoided the pothole and therefore your trip and fall, you may not be able to recover damages.
- You will need to show that the owner was negligent and that your own cautiousness could not have avoided the trip and fall.
Many dangerous potholes are not obvious. The pothole might be the same color as the surrounding parking lot. Many parking lots are also poorly-lit and customers walking there at night are at risk of stepping into a pothole they couldn’t otherwise see.
A landowner may not notice how dangerous a pothole has become. Potholes develop slowly over time. The owner may be aware of a slight pothole impression without realizing how bad it’s actually gotten. However, a first-time visitor to a parking lot will not know anything about the pothole whatsoever, and so they can easily trip and fall.
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Proving that a Pothole Caused Your Trip and Fall
To show the landowner is responsible for the pothole, you’ll need to prove negligence. Negligence is another term for carelessness. When a property or landowner is negligent, they have not been careful enough to prevent harm from coming to others.
You may be entitled to financial compensation for the costs of your trip and fall injuries. The first step is usually to file a claim with the owner’s insurance company. Your claim must prove that:
- The property owner or landowner had a duty of reasonable care
- The owner knew or should have known about the dangerous pothole in the parking lot
- The owner breached their duty of care, such as by neglecting to fix or cover the pothole
- You suffered injuries because of the owner’s negligence and your resulting accident
Proving fault for a trip and fall is complex. However, it’s not impossible. Time is limited, so it’s best to work with an experienced lawyer who can make sure you take the correct legal steps.
At John Foy & Associates, we can help you gather the right evidence for your claim. We have a 20-plus successful track record of winning cases. Contact us today to discuss your legal options with a FREE consultation. Call (404) 400-4000 or contact us online.
Common Causes of Injuries from Potholes in Parking Lots
Every case is different, but there are a few main reasons for these types of accidents. Some of the most common include:
Poor Lighting
People visit parking lots at all hours. Businesses that are open late might have visitors walking to and from their cars in the dark. If there are potholes and the lighting is bad, it’s unlikely that anyone could see the danger ahead of them.
Property owners must consider the lighting in their parking lots. If the area is too dark and there is a dangerous pothole present, someone can trip and fall at any moment.
Uncovered or Badly-Marked Potholes
Potholes can form gradually over time because of factors like:
- Freezing and thawing
- Rainfall
- Temperature changes
- Traffic on the pavement
Property owners should be careful to watch for worsening conditions. When a pothole becomes dangerous, owners should fill in or cover the pothole immediately. Neglecting this can and often does lead to trip and fall injuries.
Injuries from Tripping and Falling in a Pothole
An unexpected fall can have serious consequences. One moment, you’re walking through a parking lot. The next, you’re falling onto the hard and rough pavement because of a pothole you didn’t see.
Pothole-related trip-and-fall injuries can vary greatly. Examples of these injuries include:
- Traumatic brain injuries (TBI)
- Broken wrists, hands, fingers, ankles, or hips
- Serious strains or sprains
- Twisted ankles
- Severe cuts or bruises
- Neck and shoulder injuries
The impact of a fall can result in serious injuries. Plus, those who are older or have health conditions are at risk for severe injury.
Be sure to document your injuries after a trip and fall. Even if you feel okay, see a doctor as soon as you can. Seeing a doctor will help your case by:
- Making sure you understand the full extent of your injuries, and
- Documenting your injuries right after the accident happens
Property owners often deny liability for a trip and fall. The owner might blame you or say you were not careful enough. If you wait too long to get treatment, the insurance company will use it to try to pay you less.
Protect your legal rights by documenting the scene, getting help for your injuries, and contacting a lawyer immediately.
Talk to a Roswell Trip and Fall Lawyer Today
Trip and fall accidents in potholes happen more often than people realize. If you were the victim of this type of fall, you’re probably dealing with painful and costly injuries. But you do not have to handle the legal side of things alone.
At John Foy & Associates, we have over 20 years of experience helping accident victims. We also do not charge a fee unless we win you compensation. To discuss the details during a FREE consultation, call (404) 400-4000 or contact us online.
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