Potholes in parking lots are a common sight. Most drivers take care to avoid potholes because the vehicle damage they can cause is widely known. Potholes can be just as dangerous to those on foot, though. Stepping in or tripping over a pothole can cause serious injuries.
If you or a loved one suffered harm because of a pothole in a parking lot or parking garage, a Punta Gorda potholes in parking lots slip and fall injury lawyer may be able to help you seek financial awards. Call 1-800-747-3733 today to talk with a member of the team at the Law Offices of Anidjar & Levine during a free consultation.
Fall-Related Injuries
Stepping in, tripping over, or falling due to a pothole can result in a broken or sprained wrist or ankle, or a broken arm, leg, or hip. Some fall injuries are more severe and can have lasting consequences. Falls can result in:
- Spinal cord injuries:Falls can be a cause of spinal cord injuries. Spinal injuries can result in complete or partial paralysis, as well as difficulty breathing, loss of bladder and bowel control, loss of sensation, and difficulty regulating heart rate. Treatment for a spinal cord injury may include surgery, outpatient or inpatient physical rehabilitation, and the use of mobility aids, like walkers or wheelchairs.
- Back injuries: Falls can result in sprains, strains, or even broken vertebrae. Back injuries can cause chronic pain and limited movement. You may require surgery, physical therapy, or bed rest.
- Neck injuries: If your neck jerks violently back and forth during a fall, you can suffer from whiplash. Whiplash can cause pain, headaches, and fatigue, and even problems with sleeping, memory, and concentration. Falls can also lead to a broken neck. Once again, you may need surgery. If the break affects the spine, complete or partial paralysis is possible.
- Head injuries: Falls are a leading cause of traumatic brain injuries (TBIs). According to the Centers for Disease Control and Prevention (CDC), in 2014, more than 3 million Americans visited an emergency department for fall-related TBIs, and more than 56,000 people died from TBIs. TBIs can result in coma, permanent cognitive and physical disabilities, and issues with speech and memory.
Parking Lot Liability
Many businesses and shopping malls, movie theaters, restaurants, and other public places have parking lots for their patrons’ use. The parking lot’s owner is responsible for the lot’s condition. This may be the owner of the business or venue associated with the lot, or it could be the property owner who leases the premises.
If your fall happened in a residential area, the housing complex, apartment building, or subdivision owner may be responsible for the lot where your accident occurred. Some parking lots are public facilities that a city or state maintains. No matter where your accident took place, if a pothole caused by someone else’s negligence or wrongdoing caused your injuries, you may be entitled to damages.
According to Florida Statutes §768.10, it is illegal for property owners to leave an open pit or hole on their premises larger than two feet wide or two feet deep. If such a pit or hole exists, the law mandates that the owner enclose it. If they fail to do so, and a person suffers injuries as a result, the property owner may owe the injured party double the financial amount of their damages under Florida Statutes §768.11.
A Punta Gorda potholes in parking lots slip and fall lawyer can help you seek financial awards for your injuries and more. You could win compensation for:
- Medical bills, including fall-related care that you may require in the future
- Your reduced quality of life that permanent injuries have caused, such as paralysis or cognitive deficiencies
- Wages lost due to your injuries and recovery
- Property damaged in your fall, such as a cell phone or watch
- The emotional and mental burden of your accident, including depression, insomnia, and anxiety
In Florida, plaintiffs may seek damages in proportion to each party’s amount of fault for an accident, according to Florida Statutes §768.81. This means that if your actions played a role in your fall, you may still seek awards, which will be diminished by your fault percentage.
For example, if you tripped over a pothole in part because you were looking at your phone, a court may decide you are 20% responsible for your injuries. If you win a $100,000 settlement, you will receive this amount minus 20%, or $80,000.
If your loved one died from injuries suffered in a slip and fall accident, you may seek awards on their behalf. You may recover the costs of their medical treatment and final expenses, as well as damages for their pain and suffering. You may also pursue awards for your loss of income, household services, love, and companionship your family member would have provided. You have two years under Florida Statutes §95.11 to file a wrongful death lawsuit and four years to commence an action for personal injury.
To find out more about fighting for financial compensation, call the Law Offices of Anidjar & Levine at 1-800-747-3733 today.
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How a Lawyer Can Help with Your Case
The period following an injury or the loss of a loved one can be challenging and stressful. You need financial awards to pay for your medical bills and household expenses. However, dealing with insurers and court proceedings may seem like more than you can bear. The Law Offices of Anidjar & Levine can help you with both. You worry about getting better while we take care of everything else.
A Punta Gorda potholes in parking lots slip and fall injury lawyer will go the extra mile to seek a satisfactory settlement for you and your family. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 to get started on your case today.
