If a person is injured in an office parking lot, that person will undoubtedly be looking to sue and to recover monetary compensation. But big question remains: who is held liable? For many reasons, the scope of liability is limited to persons who had a legal duty to keep the premises safe. That being said, there are a variety of factors that determine liability.
Injured at the Hands of the State
With respect to all levels of government, the government has a duty to keep government property reasonably safe for the public. Persons who are invited onto the premises of the property are owed this same duty. If a person who is lawfully on government property is injured in the parking lot, the injured claimant will institute a negligence action. Whatever the merits of the injured plaintiff’s case are, when suing a government entity, punitive damages are unavailable and compensatory damages are capped at certain amounts.
Injured on Private Property
There are many injuries that occur on non-government property, too. If the injury occurs in a privately owned company parking lot, the procedure for filing suit varies slightly than if the injured party were suing the government. Most privately owned office buildings, if not all, hold insurance policies where the insurance provider will indemnify the insured for the costs of the injury lawsuit. In most cases, the injured party will first notify the insurance carrier of the negligent private parking lot owner or business. In the event that the insurance provider rejects the claim or makes a very low settlement offer, the injured party can then institute a lawsuit against the parking lot property owner.
Need a Personal Injury Attorney? Contact Proly, Laporte & Mulligan
Injuries, including trip and fall accidents, can happen anywhere, and often occur in parking lots and garages. If you or someone you love is injured, it is important to seek legal advice. Contact Proly, Laporte & Mulligan today for legal counsel.