I fell in the parking lot due to inadequate lighting. Who is responsible for my injuries?

Inadequate lighting is a common cause of falls. It can mask defects in a parking lot, such as uneven concrete, broken pavement and unmarked curbs. Even in the absence of other hazards, poor lighting can create a dangerous condition.

If you fell in a parking lot due to broken or missing lights, the owner of the property may be responsible for your injuries if it can be shown that he or she created, had actual knowledge of, or should reasonably have known about the poor lighting. Depending on the type of property, other parties may also share responsibility for maintaining safe premises.

Determining Liability For Parking Lot Falls

Parking lot fall accidents can generally be divided into those that occur on commercial property and those that occur on government property.

Commercial Property

It is often the case that the owner of a business or property leases commercial real estate from another property owner. This might be true of a store, a hotel, an office, a restaurant, a shopping mall, an apartment complex or many other kinds of businesses.

In cases involving commercial property in which the owner of the business and the owner of the parking lot are two separate entities, liability rests with who, according to the contractual agreement between the parties, has control and responsibility for the lot. Liability may also be shared by a separate company hired to manage and maintain the parking lot.

If several parties may be responsible for the lot, it may be a good idea to name each party as a defendant in a lawsuit.

Government Property

An accident in a government-owned parking lot may be the responsibility of the government body that owns it. You must, however, demonstrate that the government entity knew about or should have known about the inadequate lighting that you believe caused your fall.

Notice of cases against the government in New York must be filed within 90 days of the date of the accident. You can extend this deadline by two years by notifying the government of your intent to file a claim.

Discuss Your Case With An Experienced Nyc Personal Injury Lawyer

Due to filing deadlines and the fact-specific nature of every accident case, it’s recommended that you talk your case over with an attorney.

David Resnick & Associates, P.C., is an experienced New York City personal injury law firm. We’ve helped many victims of unsafe premises recover compensation for their injuries. Find out now how we can help you by requesting a free case review. Call or contact us online to get started.