Parking lots may not seem dangerous, but they are a common location for accidents that can cause serious injuries. Whether someone slips on an uneven surface, is struck by a car, or falls due to poor lighting, the consequences can be life-altering. People who are injured in parking lots may be able to seek compensation in California, but determining liability is not always straightforward. If you have questions about recording damages after a parking lot accident, an experienced San Jose, CA personal injury lawyer can explain your options.
Liability in these accidents depends on how the injury happened and who owned, operated, or controlled the property. The responsible party could be a business owner who failed to maintain the premises, a negligent driver, a property manager, or even a third-party contractor.
Under California Civil Code § 1714(a), which addresses California’s premises liability law, property owners have a duty to keep their premises in reasonably safe condition. That includes identifying and repairing hazards like cracked pavement, poor lighting, or missing signs. If someone else caused your injury — for example, a driver speeding through the lot — they may also be held responsible under general negligence laws.
California follows a comparative fault system, so even if you were partially responsible for what happened, you may still be able to recover damages. Your compensation is simply reduced in proportion to your share of fault. If, for example, you were distracted by looking at your phone instead of watching where you were walking, your degree of fault for the accident will be calculated and then reduced from the total compensation you could receive.
Depending on the specific details of your injury, you may be able to recover damages for:
Medical expenses, including hospital care, surgery, and physical therapy
Lost income and loss of future earning ability
Pain and suffering
Disability or disfigurement
Reduced quality of life
Every case is different, and your attorney can help determine what your claim may be worth based on your injuries and losses.
If you were seriously injured in a parking lot accident, contact a San Jose, CA personal injury lawyer for guidance on how to move forward. Attorney Cory Fuller was born and raised in Santa Clara County and is passionate about representing people in his community who are trying to get back on their feet following an overwhelming and serious injury. Call Fuller Law Firm at 408-234-7563 for a free consultation so we can get started.