Pothole injuries in parking lots: Can you be compensated?

On Behalf of | Mar 12, 2022 | Personal Injury |

Not only can potholes cause severe damage to your vehicle, but they are also a menace to pedestrians. The most common injuries are sprained ankles, twisted knees, and scraped shins. 

So, can you be compensated for a pothole injury that occurs in a business’ parking lot? Let’s take a look at the legal landscape.

Premises liability laws can help you obtain compensation for your injuries

A property’s owner is responsible for maintaining their property to ensure the safety of employees, customers and anyone else who is lawfully on their premises. So, if you receive an injury in a business’ parking lot, you may be able to file a claim against the owner or operator of the business over the negligence.

To prove negligence, you must show that the business failed to meet a duty of care that they owed to you. This duty of care includes keeping their property in a reasonably safe condition. In the context of potholes, this would mean ensuring that they repair all potholes as soon as possible and that adequate signage is in place to warn pedestrians of potential hazards. They could also be liable for failing to have the parking lot lit well enough for their customers to see potholes and other obstacles in the lot.

If you can show that the business failed to meet its duty of care, and you were injured as a result, you may be able to recover financial compensation known as “damages” for your losses. These can include medical expenses, lost wages and compensation for pain and suffering. Learning more about your options for a personal injury lawsuit can help.

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