Injured in a parking lot, what to do?

Accidents can occur even in the most desolated places; but the management and the maintenance of these places are still under someone else’s responsibilities. If you own a public place or a property, no matter if you are on the spot or far from the scene, you have legal duties to prevent harm to your visitors. It is likely to encounter unfavourable situations in an unmaintained property. To avoid business expenses, many business owners hesitate to put money on the necessary equipment. Insufficiently illuminated business places –in this scenario, the parking lot-, can easily lead to accidents due to lack of vision.

In such scenario, the business owners can face compensation claims as, under the laws, lack of taking the necessary care to their customers is the business’s duty, which was breached by not eliminating the risk factors. Civil Liability Act of Australia demands the employers, business owners and public property owners to maintain their businesses in a responsible manner to prevent harm just as a reasonable person would. However, the scope of this Act does not only involve accidents in a parking lot. In schools, restaurants, coffee shops, sporting areas and almost in every other public place, the people responsible for the management of the business, is obliged to follow the rules and provide services at acceptable standards.

What is public liability law?

Legally known as Civil Liability Act, is designed and modified in a purpose to avoid unjust treatment to those suffering a loss due to a business’s breach of legal obligations. In a common parking lot, the business owner should be aware of endangering conditions. A reasonable business owner would be aware of the risks that occur from lack of sufficient environmental lightings, the danger of potholes, water leakages and unmaintained ventilation system. Combined with the dark, these factors are likely to cause accidents.

A victim on a similar occasion, can claim compensation due to negligence-based accidents even if the negligence was intentional or unintentional. However, according to what the law states, these potential danger elements could have been eliminated or minimised by a reasonable person. This is the situation when negligence occurs. A reasonable peer’s or a business owner’s actions will be taken as a reference in the claim process.

Simple slip and fall accidents are very common as many of us can experience such an accident in our everyday lives. However, taking damage to your head can easily lead to severe and permanent damages. And obviously, in this case, it is the fault of irresponsible business management. 

Sustaining injuries which occurred in a parking lot, what should I do?

The wisest thing would be to avoid getting into contact with the other party as they will most likely ignore their liability on such occasion. Instead, it is suggested to keep quiet until you can have your situation assessed by a professional. However, this should be done in the relevant time frames. Once you are convinced that you have a legit claim, you or your lawyer can get into contact with the other party or their insurer to discuss the situation, explain to them that the situation occurred from their reckless behaviour and claim compensation. Most claims are solved without the need for a court process.

If the insurer admits the liability, you will save court fees and most importantly, the frustrating court process. However, to stand a strong chance, you should be professionally represented through the claim. A lawyer’s duty isn’t only the debate in the court, but his/her skills can also be benefitted throughout the process. Your lawyer can shorten the process significantly, guide you through the compensation process and can make sure no evidence will be overlooked.