Premises liability is the legal concept that holds property owners responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. This area of law typically applies to cases where a person is injured because of negligent property owners and can include things such as slip and falls, equipment malfunctions, and other unsafe conditions. However, what happens if an injury occurs outside a structure and in a parking lot? If you or a loved one have been injured, you’ll need to understand the potential implications for recovering compensation for your injuries and damages in such cases.
Generally speaking, premises liability in Indiana does, in fact, extend to parking lots. Under the law, property owners, businesses, and landlords who maintain parking lots associated with their structures still have a legal duty to keep them reasonably safe. This means they can be held liable for injuries caused by hazardous conditions such as potholes, poor lighting, wet surfaces, and even inadequate security that may lead to a robbery or theft. However, as with all personal injury cases, there can be exceptions and the viability of a claim will depend on the specific circumstances of an incident. This includes whether the lot is publicly or privately owned or if it’s being managed by a third party, as is often the case with parking garages.
An example of a unique scenario includes the case of Vasilenko v. Grace Family Church, which involved serious injuries to the plaintiff while he attempted to cross a street from an overflow parking lot not directly connected to the church property. The Court ultimately ruled that the location of the overflow lot, which required parishioners to cross a busy street, lacked adequate protections to safely reach the church, thereby exposing pedestrians to an unreasonable risk of injury.
Determining liability in parking lot injuries will depend heavily on whether a property owner knew or should have known about the dangerous conditions and failed to address them. Indiana follows the modified comparative fault rule, which states if an injured person is partially responsible for their own injury, their compensation may be reduced. For example, if someone is walking in a parking lot while distracted by their phone and is struck by another vehicle, a significant portion of fault may be attributed to the injured party, thereby reducing or eliminating their ability to obtain compensation.
If you or a loved one have been injured in a parking lot or any other area of a business, contact Hurst Limontes to discuss your case. Our attorneys have over 100 years of combined experience fighting for our clients in various personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
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