Pothole Injuries Attorney in Indiana
Representing Clients Injured Due to Parking Lot & Sidewalk Negligence
A trip and fall accident can easily occur due to pothole in a parking lot or on a sidewalk. Owners and managers of retail businesses have a responsibility to take notice of the interior and exterior of their premises to discover unsafe conditions and defects.
A pothole in a parking lot might seem like a small thing or an innocuous condition -- until a person steps into that pothole and falls with serious injuries as a result. When a pothole in asphalt or uneven level of walkway presents a reasonable risk of injury, a landowner is under a duty to remedy the situation or appropriately warn of its potentially dangerous condition.
It does not matter if the landowner caused the pothole, crack in pavement or uneven level, negligence law requires a remedy or warning by the landowner if they are knowledgeable about the situation or should have been knowledgeable.
Simply ignoring the pothole problem is not acceptable behavior by the landowner and if you are injured you might be able to hold the landowner responsible for your damages – which can include medical bills, mental anguish, pain and suffering, lost wages, lost future wages and scars and disfigurement as well as a diminishment in the overall quality of your life.
Why a Pothole Case can be Difficult to Win
This type of defense ignores that it is often impossible for a person – who is walking carefully – to recognize a pothole due to coloring or simply not anticipating a hole where people are expected to walk.
It’s important to remember to establish a claim for “negligence” on the part of a landowner or business like a store or restaurant for your slip and fall, you must show that the duty of “reasonable care” was breached (not met).
This means the property owner must have actual or constructive knowledge (knew or should have known) of the presence of the hazardous condition in order to be held liable. This includes potholes and differences in elevation in areas where people are expected to walk.
Moreover, a reasonable inspection schedule by the landowner should reveal dangerous potholes in parking lots. With that knowledge, the landowner can take the steps necessary to remedy the danger. Blaming the person who tripped and fell is an obvious deflection of who should have the ultimate responsibility for the injury.
What to do After You’ve Been Hurt in a Pothole in a Parking Accident
Gathering evidence from the scene of the incident immediately after the it happens is extremely important. Remember to make an incident report with the landowner or business manager. Take cell phone photographs before the landowner fixes or paves or fills the pothole. If you cannot do it, have a family member or friend do it for you.
If you are not clear about what to do next, then you need to sit down with an experienced Indiana pothole slip and fall lawyer to figure out whether or not you have the necessary grounds to move forward with a legal claim.
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